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Families consider legal action against Covid-hit Skye care home

Home Farm care home, 
Portree, Skye.
Home Farm care home, Portree, Skye.

Lawyers are seeking compensation for families who lost loved ones in a Covid-hit Skye care home, while also pressing for a fatal accident inquiry into their deaths.

Ten residents died in the Home Farm care home in Portree which is to be taken over by NHS Highland.

Solicitor Advocate Professor Peter Watson, who is representing three of the families, said the “tragic and disgraceful events which surround the tragedies at Home Farm and in other homes demand answers”.

Prof Watson has represented groups in a number of high-profile cases, including the Piper Alpha and Braer oil tanker disasters, Lockerbie and the Dunblane massacre.

Law firm Leigh Day is also investigating potential legal action against home operators HC-One on behalf of families in England and Scotland.

Prof Watson said: “We await a response from the owners and operators of Home Farm on how they will deal with claims arising from those who have lost family members.”

He is also asking the Lord Advocate if a fatal accident inquiry is to be held into the deaths, and the Scottish Government on the scope of an inquiry into the home.

Skye councillor John Gordon, whose father died in the home, is represented by Prof Watson. He said: “We will be looking at liability and a possible law suit against HC-One.”

A HC-One spokesman said it has the “utmost sympathy” for the distress and loss, adding: “As a responsible provider, which pays all UK taxes due and works constructively with regulatory and enforcement agencies, any claims will be referred to our insurers.”

The Scottish Government said there will be a public inquiry into all aspects of Covid-19, including care homes.

The Crown Office and Procurator Fiscal Service said a dedicated team dealing with  reports of Covid-19 deaths in care homes will help ensure all necessary and appropriate investigations are undertaken.

Meanwhile, MPs were told yesterday that Jeane Freeman was “not aware” of the major issues facing care homes in the early stages of the coronavirus pandemic.

The health secretary often seemed “not informed” about shortages in PPE, testing capacity and the concerns around care home guidance when Covid-19 hit.

The claims were made by NHS Fife’s employee director, Wilma Brown, at Westminster’s Scottish affairs committee.

Ms Brown said: “I did find that sometimes, especially in the early days, the Cabinet Secretary was not informed of everything that was going on.

“There were a number of things I raised with her around PPE that she was not aware of. So I think that she’s as good as what she’s told, but I don’t think she was always told everything that was going on.”