She argued that the Ministerial Code prevented her from answering the Sunday Mail’s question. But we can reveal that there is no such obstacle to revealing whether the lawyers informed the Scottish Government about the matter. Following a ruling by the High Court in London last week, the UK Government’s practice – which may have contributed to the horrific death toll among the elderly – was illegal. The landmark ruling applies to England, but could pave the way for legal action in Scotland, along with demands from ministers and health officials to prosecute. More than 4,000 people have died with Covid in Scotland care homes. Read more related articles Read more related articles In an exclusive interview, the Prime Minister would not consider whether the Scottish Government had sought legal advice on the matter. It comes as a lawyer representing grieving families has asked the Crown Bureau to investigate the possibility of crime-related deaths in nursing homes. Sturgeon said: “As far as the Ministerial Code is concerned, when it comes to answering questions about legal advice, you know the position there, so I can not ask that question line.” The Ministerial Code, however, makes it clear that ministers can “publicly acknowledge that they have received legal advice”, although they should not disclose its contents. The First Minister added that it would be up to the courts to decide whether anyone should face criminal prosecution and insisted that she tried to make the “best possible decisions” for Covid. He said: “These are not issues for me as a politician – decisions on legal action are for others in our democracy as well. “It was a decision by England. We have before us a public inquiry where it will be important for all these issues to be dealt with properly and independently. “It’s really important to me as someone who is the main decision-maker in Scotland; that there is a proper control process. But at every step from the beginning of this pandemic, I, my ministers, my government, tried to make the best possible decisions based on the data and advice we had at the time to protect health and life. “We know things about Covid that we did not have then and if we could come back with the advantage afterwards, I am sure we would have done things differently. “I feel the burden of responsibility for these decisions is very heavy.” Read more related articles Read more related articles Kathy Russell, who lost her mom Rose last year after spending more than a year in virtual isolation in her care home, founded the Care Home Relatatives Scotland group. He has been instrumental in the Sunday Mail-backed campaign for legal rights for families. He said last night: “It is disappointing that we can not know the basis on which these decisions were made, but we hope we can learn more during the investigation. “The decision of the English made it clear that even with the information they had at the time, they should not have made the decisions they made.” Katie Russell lost her mom Rose last year Caroline Grattan, whose mother Margaret died at a home in Tullibody, Clackmannanshire, in May 2020 called on the First Secretary to disclose legal advice. He said: “Many homes accepted patients because they were greedy for money. It makes me so angry because my mother still has to be here. “Nicola Sterzon needs to get up and be measured.” Caroline, 57, is plotting legal action against the homeowner and is supporting other families in their fight for justice. A total of 4,020 people have died from the virus in Scotland, and Sturgeon has come under fire for its policy of expelling infected patients from hospitals to their homes. The practice was revealed by the Sunday Mail in April 2020, and former Health Minister Jeane Freeman said the policy had changed days after our story, but there was evidence that it had continued in many cases. The Crown Bureau is investigating thousands of deaths in nursing homes. However, prosecutors declined to say whether any criminal investigations would be extended to investigate the actions of ministers and public health officials. In March, the Scottish Government announced the details of a public inquiry into the handling of the pandemic, led by Lady Poole. Lawyer Aamer Anwar, acting for families who lost their lives to Covid, raised the issue of the English court’s decision with Scotland Lord Advocate Dorothy Bain QC, and called for a proper investigation into any criminal matters by the public inquiry. He said: “Elderly patients who have been transferred to care homes should not be treated as ‘consumables’ whose right to life is allegedly violated. “If that was the case, then their families have the right to know the truth, without which there can be no justice.” The Crown Bureau said it was still gathering information on each death from Covid. A spokesman added: “The Covid Death Investigation Team (CDIT) will work with the relevant services to ensure that all necessary and appropriate investigations are carried out.” The Scottish Government said: “According to the Scottish Ministerial Code, ministers should not disclose either the source or the content of legal advice, except in exceptional cases.” Sterzon spoke to the Sunday Mail as Scotland prepares to go to the polls in local elections on Thursday. He added: “My message to the voters next week is to vote for the SNP first and foremost for the representation that will defend, protect and strengthen the services.” Do not miss the latest news from all over Scotland and beyond – Subscribe to our daily newsletter here .
