Legal implications of PPE shortages

Six weeks ago, the acronym ‘PPE’ would not have meant a great deal to the general public. Now, it is established in the national consciousness, as not only a familiar term, but as the embodiment of the much more complex question of the adequacy of the State’s response to COVID-19. The powerful imagery of healthcare professionals around the globe, doing their utmost to fulfil their professional duties in the most strained of circumstances, has captured the public’s attention and played a significant part in the widespread, vocal recognition of their service. 

It has also been the lynchpin of commentary and criticism of the Government. The pressure created by such criticism is perhaps evident from the formal complaint to the BBC by the Culture Secretary following on from a Panorama programme about the PPE shortage broadcast at the end of April, and the tense media appearances from the Secretary of State for Health and Social Care in recent weeks. 

It is abundantly clear that PPE has become a core focus of those responsible for the provision of healthcare and it will be a key feature of the retrospective scrutiny of the handling of the pandemic and the true impact of it. There are already calls for a Public Inquiry about it, but in an era where current Public Inquiries already cost the tax-payer many millions of pounds every month and the Treasury is currently funding the employment of six million people through its furlough scheme, it remains to be seen whether one will be established. Either way, the mere promise of a Public Inquiry at an indeterminable point in the future would not solve anything for frontline health and social care staff who are immersed in treating COVID-19 patients now, nor would it provide solutions for those tasked with ensuring their Trusts have adequate supplies.