Journal | To All ~ A Duty of Care

Part One

WORLD-WIDE, WE HAVE this duty of care to each other.

It lies at the heart of common law and statute law, the sinews and fibre of the English-Speaking Peoples and is one of the most important tenets of the rule of law of every country, every language.

It lies between every individual.

It lies between every nation.

It is a responsibility that is global, outreaching the furthest boundaries of humanity, the universe even.

What? Space?

Of course, Space. Every astronaut at this very moment working the stations and platforms in orbit, rely upon this duty of care to protect and take care of each other.

A Pandemic alters all conventions, shifting the emphasis, and demanding societal re-think, or, to use the current in-phrase, ‘remodelling’.

This duty of care throws out the premise: it will happen to others, but it will not happen to me, so I need not concern myself with compliance.

A duty of care in a pandemic does something else too. It exposes selfishness.

Part Two

In straitened times, governments must impose restrictions and in many countries, this is accepted, the desired results achieved swiftly, and the restrictions lifted at the earliest opportunity. A pandemic will, by definition, comprise many waves. So it is worrying when we bemoan the government temporarily applying the brakes again.

It is disappointing to see British citizens caught by TV crews in the street making it clear that “these covid rules are an infringement of my civil rights.”

There we have it: selfishness.

It is the 21st-century update of the 20th century’s ‘I know my rights’.

Part Three

Okay. Your rights are infringed. Good for you. You two must be quite a house party between you. . . And you over there, yep, you shouting to all and sundry that you know your rights. Great. I’m impressed. So, all of you, now define for me what you perceive as your duty of care.

What’s that? Legalistic? Not at all.

But seeing as you’re having a bit of a problem with a legal definition, then let’s go back to the Janet and John nursery books, Woodentops, Flopsy, Mopsy and Topsy, the Three Bears and …

…oh, you wokers for goodness sake zip it!

As I was saying … approach my request from this angle.

When you ignore the two-meter rule, flout all social distancing, refuse to wear a mask, and then come banging on my door that your Gran has died of covid, and you want to know why her probate is taking so long?

‘I mean! There’s a crisis. I got no money. And her will says I get a grand.’

Harsh?

Believe me, thirty years as a probate lawyer - now thankfully retired - I’ve seen so many aspects of the darker side of human nature …

Part Four

Most of us know full well the consequences if we sidestep temporary restrictions. The short-term gain can be a stranger’s death knell but who had the misfortune to come into contact with you.

We each have a duty of care to the other. If you’re a young parent unwilling to grasp this, do not be surprised at my puzzled expression.

Again, if you’re a rather over-zealous covid-marshal or constable, again, be not surprised at my frown. We have to obtain the right balance.

Part Five

Our constitution lives and breathes.

It is flexible and able to adapt. And our system of government is, regardless of what the siren voices say, well able to move us through this international crisis; and I hold this view regardless of which party governs and which party is the loyal opposition.

Part Six

As one coming through the covid virus, my locus standi is affirmed.

This duty of care came home to me like a missile when I tested positive. I live alone. But my family are close by. The self-isolation kicked in within seconds, texts being sent out via the Covid 19 app and grounding several households within the family for 14 days. Track and trace worked back to find that on November 21, I visited the park - in accordance with current regulations - for outdoor exercise.

Except that half the town seemed to have had the same idea. We are talking about several thousand. 3 - 5 days later the symptoms arrived, and a roller-coaster week followed. I was fortunate. It played out much like a very heavy head cold.

Part Seven

What would be the reaction, I wonder, if I was to go on about my rights, infringements of my personal liberty, my need to be face-free, no mask?

I’ve thought that through long and hard. We naturally always assume that unlike everyone else, we will somehow develop a superman response in sidestepping some catastrophe.

Part Eight

Today, the term ‘duty’ is eschewed by many. Because duty means service, and service means compliance, and compliance means “I’ll play my part”.

Yes, but I know my rights!

Belt up! We each owe a duty of care to everyone around us, and to every member of our family.

Part Nine

In the United Kingdom, the COVID 19 death rate on December 4, 2020, stands at 60,617.

Remember the prime minister’s address back in March that, very sadly, many will die?

We now have the measure. When we first learned of Covid 19, 63,082 people had no idea that they would never see the year’s end. And I say again, it is 63,082 and rising.

We have even surpassed the civilian fatalities of the Blitz on Britain in 1940 of 43,000.

Let us think this through and let us work together to the common good.

We will overcome this.

We do, however, need to work together, and we do need to stop playing politics. Politics should never attempt to hold a multi-headed monster thrashing about. Instead, all politicians, ably supported by their constituencies, or as I prefer to say the greater British People, should be working together with one accord, with a united effort.

END

8 June 2022
All Rights Reserved

© Kenneth Thomas Webb 2022

First written on 11 December 2020