The Cabinet Office is seeking a judicial review of Baroness Hallett’s order to release Boris Johnson’s WhatsApp messages, diaries and notebooks, it confirmed in a letter to the COVID inquiry.
The government department said it was bringing a judicial review challenge “with regret” – but added that there were “important issues of principle at stake”.
Despite the development, it said it would “continue to co-operate fully with the inquiry before, during and after the jurisdictional issue in question”.
The legal action comes after days of wrangling in which the government hesitated over handing the tranche of documents to the public inquiry over fears it would compromise ministers’ and other individuals’ right to privacy.
Outlining its refusal to hand over the material in its letter, the Cabinet Office again questioned whether it had “the power to compel production of documents and messages which are unambiguously irrelevant to the inquiry’s work”.
Such materials include personal messages and “matters unconnected to the government’s handling of COVID”, it said.
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It argued that requesting “irrelevant” material “represents an unwarranted intrusion into other aspects of the work of government” and that “important issues of principle are at stake here, affecting both the rights of individuals and the proper conduct of government”.
It said it had explored “a number of possible avenues for resolving this difference of opinion”, including offering redacted versions of the materials and “a more focused or sequential approach to the direction of the information requirements”.
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“We remain hopeful and willing to agree together the best way forward.”
Inquiry chair Lady Hallett ordered the government to hand over the documents last week without any amendments, using a section 21 notice.
The tranche includes messages sent between former prime minister Mr Johnson and his fellow ministers and advisers during the pandemic, as well as diary entries.
But the Cabinet Office said today that Mr Johnson’s messages did not cover whole period the inquiry wants because he was using a new phone from May 2021.
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4:51
Rishi Sunak gives his response to speculation surrounding Boris Johnson’s messages being given to the COVID inquiry.
A government lawyer said the former prime minister had also swapped his own legal representation recently and gave “specified legal counsel permission to access an electronic record of certain WhatsApps” over the past two days.
Then on Wednesday night, Mr Johnson “invited Cabinet Office to share this information with the inquiry”.
“By working through the night, lawyers acting for Cabinet Office have now completed our review for national security and unambiguously irrelevant material and are in a separate communication providing the relevant material to the inquiry today,” it added/
What is the COVID inquiry asking for?
Unredacted messages sent and received by Boris Johnson between 1 January 2020 and 24 February 2022.
Unredacted diaries for Mr Johnson between 1 January 2020 and 24 February 2022
Copies of 24 unredacted notebooks filled in by Mr Johnson between 1 January 2020 and 24 February 2022
Unredacted messages sent and received by adviser Henry Cook between 1 January 2020 and 24 February 2022.
The inquiry wants messages – even from group chats – about the government response to COVID, as well as contact with a list of certain experts, ministers, civil servants and advisers
But the department wanted to note they had “not been able to verify the completeness of this material” given to them by Mr Johnson, saying it did not cover the “whole of the specified time period, but only the period from May 2021 when the former prime minister acquired a new phone”.
It added: “We have asked Boris Johnson if he will provide to us any further messages caught by the Section 21 notice.”
The inquiry confirmed on Thursday afternoon that it had received a response from the Cabinet Office.
In a short statement, it said: “At 4pm today the chair of the UK COVID public inquiry was served a copy of a claim form by the Cabinet Office seeking to commence judicial review proceedings against the chair’s ruling of 22 May 2023.”
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3:05
The Cabinet Office has reiterated its refusal to hand over some of Boris Johnson’s WhatsApp messages to the COVID inquiry
Further information will be provided at a preliminary hearing at 10.30am on 6 June, it said.
His spokesman said the ex-prime minister wanted the Cabinet Office to “urgently” hand over the material, in a move that put pressure on Rishi Sunak and the government to hand over the documents.
Responding to the judicial review, Labour’s deputy leader Angela Rayner accused Mr Sunak of undermining the inquiry and said he was “hopelessly distracted with legal ploys to obstruct the Covid Inquiry in a desperate attempt to withhold evidence”.
“Instead of digging himself further into a hole by pursuing doomed legal battles to conceal the truth, Rishi Sunak must comply with the Covid Inquiry’s requests for evidence in full. There can be no more excuses.”
Daily Cooper, the deputy leader of the Liberal Democrats, also criticised the government’s decision, calling it a “kick in the teeth” for bereaved families.
“This cowardly attempt to obstruct a vital public inquiry is a kick in the teeth for bereaved families who’ve already waited far too long for answers.
“The government is delaying the inquiry even further and clogging up court time, all to prevent Sunak and his Conservative colleagues from having to release their messages.”
It is “shameful” that black boys growing up in London are “far more likely” to die than white boys, Metropolitan Police chief Sir Mark Rowley has told Sky News.
In a wide-ranging interview with Sunday Morning with Trevor Phillips, the commissioner saidthat relations with minority communities are “difficult for us”, while also speaking about the state of the justice system and the size of the police force.
Sir Mark, who came out of retirement to become head of the UK’s largest police force in 2022, said: “We can’t pretend otherwise that we’ve got a history between policing and black communities where policing has got a lot wrong.
“And we get a lot more right today, but we do still make mistakes. That’s not in doubt. I’m being as relentless in that as it can be.”
He said the “vast majority” of the force are “good people”.
However, he added: “But that legacy, combined with the tragedy that some of this crime falls most heavily in black communities, that creates a real problem because the legacy creates concern.”
Sir Mark, who also leads the UK’s counter-terrorism policing, said black boys growing up in London “are far more likely to be dead by the time they’re 18” than white boys.
“That’s, I think, shameful for the city,” he admitted.
“The challenge for us is, as we reach in to tackle those issues, that confrontation that comes from that reaching in, whether it’s stop and search on the streets or the sort of operations you seek.
“The danger is that’s landing in an environment with less trust.
“And that makes it even harder. But the people who win out of that [are] all of the criminals.”
Image: Met Police Commissioner Sir Mark Rowley
The commissioner added: “I’m so determined to find a way to get past this because if policing in black communities can find a way to confront these issues, together we can give black boys growing up in London equal life chances to white boys, which is not what we’re seeing at the moment.
“And it’s not simply about policing, is it?”
Sir Mark said: “I think black boys are several times more likely to be excluded from school, for example, than white boys.
“And there are multiple issues layered on top of each other that feed into disproportionality.”
‘We’re stretched, but there’s hope and determination’
Sir Mark said the Met is a “stretched service” but people who call 999 can expect an officer to attend.
“If you are in the middle of a crisis and something awful is happening and you dial 999, officers will get there really quickly,” Sir Mark said.
“I don’t pretend we’re not a stretched service.
“We are smaller than I think we ought to be, but I don’t want to give a sort of message of a lack of hope or a lack of determination.”
“I’ve seen the mayor and the home secretary fighting hard for police resourcing,” he added.
“It’s not what I’d want it to be, but it’s better than it might be without their efforts.”
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0:39
How police tracked and chased suspected phone thief
‘Close to broken’ justice system facing ‘awful’ delays
Sir Mark said the criminal justice system was “close to broken” and can be “frustrating” for police officers.
“The thing that is frustrating is that the system – and no system can be perfect – but when the system hasn’t managed to turn that person’s life around and get them on the straight and narrow, and it just becomes a revolving door,” he said.
“When that happens, of course that’s frustrating for officers.
“So the more successful prisons and probation can be in terms of getting people onto a law-abiding life from the path they’re on, the better.
“But that is a real challenge. I mean, we’re talking just after Sir Brian Leveson put his report out about the close-to-broken criminal justice system.
“And it’s absolutely vital that those repairs and reforms that he’s talking about happen really quickly, because the system is now so stressed.”
Giving an example, the police commissioner went on: “We’ve got Snaresbrook [Crown Court] in London – it’s now got more than 100 cases listed for 2029.”
Sir Mark asked Trevor Phillips to imagine he had been the victim of a crime, saying: “We’ve caught the person, we’ve charged him, ‘great news, Mr Phillips, we’ve got him charged, they’re going to court’.
“And then a few weeks later, I see the trial’s listed for 2029. That doesn’t feel great, does it?”
Asked about the fact that suspects could still be on the streets for years before going to trial, Sir Mark conceded it’s “pretty awful”.
He added: “If it’s someone on bail, who might have stolen your phone or whatever, and they’re going in for a criminal court trial, that could be four years away. And that’s pretty unacceptable, isn’t it?”
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She pinned the primary blame for the Met’s culture on its past leadership and found stop and search and the use of force against black people was excessive.
At the time, Sir Mark, who had been commissioner for six months when the report was published, said he would not use the labels of institutionally racist, institutionally misogynistic and institutionally homophobic, which Baroness Casey insisted the Met deserved.
However, London Mayor Sadiq Khan, who helped hire Sir Mark – and could fire him – made it clear the commissioner agreed with Baroness Casey’s verdict.
A few months after the report, Sir Mark launched a two-year £366m plan to overhaul the Met, including increased emphasis on neighbourhood policing to rebuild public trust and plans to recruit 500 more community support officers and an extra 565 people to work with teams investigating domestic violence, sexual offences and child sexual abuse and exploitation.
A leading NHS hospital has warned measles is on the rise among children in the UK, after treating 17 cases since June.
Alder Hey Children’s Hospital in Liverpool said it is “concerned” about the increasing number of children and young people who are contracting the highly contagious virus.
It said the cases it has treated since June were for effects and complications of the disease, which, in rare cases, can be fatal if left untreated.
“We are concerned about the increasing number of children and young people who are contracting measles. Measles is a highly contagious viral illness which can cause children to be seriously unwell, requiring hospital treatment, and in rare cases, death,” the hospital said in a statement to Sky News.
In a separate open letter to parents and carers in Merseyside earlier this month, Alder Hey, along with the UK Health and Security Agency (UKHSA) and directors of Public Health for Liverpool, Sefton and Knowsley, warned the increase in measles in the region could be down to fewer people getting vaccinated.
The letter read: “We are seeing more cases of measles in our children and young people because fewer people are having the MMR vaccine, which protects against measles and two other viruses called mumps and rubella.
“Children in hospital, who are very poorly for another reason, are at higher risk of catching the virus.”
What are the symptoms of measles?
The first symptoms of measles include:
• A high temperature
• A runny or blocked nose
• Sneezing
• A cough
• Red, sore or watery eyes
Cold-like symptoms are followed a few days later by a rash, which starts on the face and behind the ears, before it spreads.
The spots are usually raised and can join together to form blotchy patches which are not usually itchy.
Some people may get small spots in their mouth too.
What should you do if you think your child has measles?
Ask for an urgent GP appointment or call 111 if you think your child has measles.
If your child has been vaccinated, it is very unlikely they have measles.
You should not go to the doctor without calling ahead, as measles is very infectious.
If your child is diagnosed with measles by a doctor, make sure they avoid close contact with babies and anyone who is pregnant or has a weakened immune system.
Image: The skin of a patient after three days of measles infection
It comes after a Royal College of Paediatrics and Child Health (RCPCH) report released earlier this month determined that uptake of vaccines in the UK has stalled over the last decade and is, in many cases, declining.
It said none of the routine childhood vaccinations have met the 95% coverage target since 2021, putting youngsters at risk of measles, meningitis and whooping cough.
The MMR vaccine has been available through the NHS for years. Two doses gives lifelong protection against measles, mumps and rubella.
Image: Two doses of the MMR vaccine give lifelong protection against measles, mumps and rubella. Pic: iStock
According to the latest NHS data, Liverpool was one of the cities outside London with the lowest uptake of the MMR vaccination in 2023-2024.
By the time children were five years old, 86.5% had been give one dose, decreasing to 73.4% for a second dose.
The RCPCH report put the nationwide decline down to fears over vaccinations, as well as families having trouble booking appointments and a lack of continuous care in the NHS, with many seeing a different GP on each visit.
In the US, measles cases are at their highest in more than three decades.
Cases reached 1,288 on Wednesday this week, according to the US Centres for Disease Control and Prevention, with 14 states battling active outbreaks.
The largest outbreak started five months ago in communities in West Texas, where vaccination uptake is low. Since then, three people have died – including two children in Texas and an adult in New Mexico – with dozens more in hospital.
Steve Barton is angry, and he has every right to be.
The 68-year-old retired engineer stares at his medical notes that, he says, expose in black and white the moment his life changed forever.
“I have somehow missed… due to my mistake,” a doctor writes in one of the notes, after it became apparent that Mr Barton had not been urgently referred to specialists over what later became an aggressive form of throat cancer.
Steve now has a prosthetic voice box and is one of many British patients fighting medical negligence claims after being misdiagnosed.
NHS officials in Scotland are dealing with thousands of cases annually. Meanwhile, Westminster’s Public Affairs Committee (PAC) recently disclosed England’s Department of Health and Social Care has set aside £58.2bn to settle clinical lawsuits arising before 2024.
Mr Barton, who lives in Alloa near Stirling, repeatedly contacted his doctors after he began struggling with his breathing, speaking and swallowing. His concerns were recorded by the NHS as sinus issues.
As panic grew and his voice became weaker, Mr Barton paid to see a private consultant who revealed the devastating news that a massive tumour had grown on his larynx and required part of his throat to be removed immediately.
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“I am angry, I am upset, I don’t want anyone else to go through this,” Mr Barton told Sky News.
“There were at least four, possibly five, conversations on the phone. He [the doctor] said to me that it sounds like I’ve got reflux.”
‘He was palmed off’
Mr Barton is now unable to work and cannot shower by himself because if water enters the hole in his neck, he could drown.
And a windy day can cause a debilitating coughing fit if a gust catches his prosthetic voice box.
Image: Steve Barton is one of thousands battling medical negligence cases
Asked if he believes this was avoidable, Mr Barton replied: “Absolutely. 100%.”
His wife, Heather, told Sky News: “He hates this. You see him crying. It breaks my heart. It’s been hard emotionally.”
She added: “Everybody knows their own body. He was palmed off and the consequence is a neck dissection. It [life] changed overnight.”
Legal battle over compensation
The Barton family have been locked in a legal battle over their ordeal with the Medical and Dental Defence Union Scotland (MDDUS) – a body which indemnifies GPs.
It has not admitted formal liability in this case but has agreed to settle financial compensation to Mr Barton.
Izabela Wosiak, a solicitor from Irwin Mitchell who represents the Bartons, said: “Cases like Steve’s are complex and usually quite difficult, but solicitors have accepted there was no defence to this case.
“They have arranged to make an interim payment; however we are still in the process of negotiating final settlement.”
A MDDUS spokeswoman refused to comment while talks are being finalised.
What is the scale of medical negligence in Britain?
The NHS in Scotland is under the devolved control of the Scottish government.
Figures suggest there were almost 14,000 clinical negligence claims and incidents in 2023/24, an increase on the previous year.
It comes as PAC warned that the total liabilities in England’s health service has hit £58.2bn.
PAC chair Sir Geoffrey Clifton-Brown MP told Sky News: “I extend my sympathies to Steve and his family. Unfortunately, he is not alone.
“Some are really heart-wrenching tales. Every single claim somebody is involved, someone has been in some way injured, so this is a terrible thing.
“We are going to be working on how we can make the whole system less litigious and get compensation paid out quickly because if the state does harm to somebody, the least they could do is to compensate them as quickly as possible.”
Paul Whiteing, the chief executive of patient safety charity Action Against Medical Accidents, told Sky News: “The NHS itself last year [in England] paid out just over £5bn in compensational set aside money for compensation that it would need to pay out.
“It’s a huge cost and of course that doesn’t speak to the cost to every individual, every family, every person who is impacted by the consequences of some form of medical accident and the trauma that can go with that.”