Mental capacity and coronavirus
- Coronavirus vaccination. Re E (Vaccine): LB Hammersmith and Fulham v W  EWCOP 7 — Mrs E's adult son objected to her receiving a coronavirus vaccine. The Court of Protection decided that it would be in her best interests, having regard to factors including the following: (a) when she had capacity she had received the swine flu and influenza vaccinations; (b) she currently wanted "whatever is best for me"; (c) she was at risk of death from coronavirus because she was in her 80s, suffered from diabetes, lived in a care home which recently had coronavirus, and found social distancing difficult to understand; the vaccine would reduce the risk of death.
- Coronavirus testing and capacity. Alex Ruck Keene et al, 'Rapid response guidance note: Testing for COVID-19 and mental capacity' (4/5/20) — "The Court of Protection team has been asked to advise on a number of occasions as to the legal position in relation to testing for COVID-19, especially as testing (a) starts to be more generally available; and (b) is increasingly been rolled out as mandatory in certain settings. What follows is a general discussion, as opposed to legal advice on the facts of individual cases, which the team can provide. It primarily relates to the position in England in relation to those aged 18 and above; specific advice should be sought in respect of Wales and those under 18."
Reasonable excuse to leave your home
- Reasonable excuse to leave home. NG v Hertfordshire County Council  EWCOP 2 — The issue in this appeal was whether NG’s mother and step-father had a reasonable excuse to leave their homes to provide care to NG, pursuant to regulation 6(2)(d) of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.
- Social distancing and mental capacity. Sian Davies et al, 'Rapid response guidance note: COVID-19, social distancing and mental capacity' (39 Essex Chambers, 6/10/20) — "This guidance note provides an overview of the framework within which decisions need to be taken in England relating to social distancing and self-isolation in the context of those with impaired decision-making capacity, including about considerations of deprivation of liberty."
- MCA/DOLS coronavirus guidance. DHSC, 'The MCA and DOLS during the coronavirus pandemic: additional guidance' (2020, regularly updated) — This web page contains the following main headings: (1) [Best interests] decisions; (2) Life-saving treatment; (3) Depriving a person of their liberty; (4) Hospitals and care homes; (6) Other settings; (7) Supervisory bodies; (8) Emergency coronavirus health powers. It was updated on 24/12/20 with information under the subheading "Offering a vaccine to someone who lacks the relevant mental capacity". A minor change about the January 2021 lockdown was made on 12/1/21.
Care home visiting
- Coronavirus care home visiting guidance. DHSC, 'Update on policies for visiting arrangements in care homes' (updated 21/9/20) — "Directors of public health and care providers should follow this guidance to ensure policies for visiting arrangements and decisions are based on a dynamic risk assessment and minimise risk wherever possible." The only difference between this and the 31/7/20 version of the page is the addition of the following text to the top of the page: "For the latest care home visiting guidance please see the Adult social care: coronavirus (COVID-19) winter plan 2020 to 2021. This guidance will be updated shortly."
- Coronavirus care home visiting guidance. DHSC, 'Update on policies for visiting arrangements in care homes' (updated 31/7/20) — "Directors of public health and care providers should follow this guidance to ensure policies for visiting arrangements and decisions are based on a dynamic risk assessment and minimise risk wherever possible." Superseded by DHSC, 'Update on policies for visiting arrangements in care homes' (updated 21/9/20).
- Coronavirus care home visiting guidance. DHSC, 'Update on policies for visiting arrangements in care homes' (22/7/20) — "Directors of public health and care providers should follow this guidance to ensure policies for visiting arrangements and decisions are based on a dynamic risk assessment and minimise risk wherever possible." Superseded by DHSC, 'Update on policies for visiting arrangements in care homes' (updated 31/7/20).
- Official Solicitor coronavirus guidance. Official Solicitor, 'Coronavirus update - property and affairs team' (19/3/20) — The Official Solicitor and Public Trustee Office is operating but, because all staff are working remotely and do not have access to anything sent by post, it is requested that all documents are sent electronically. In order to avoid administrative delay, attachments should be sent as clearly-labelled separate files rather than single large files.
- Article about coronavirus guidance mentioning MCA. Alex Ruck Keene, 'COVID-19 and MCA - first guidance out' (Mental Capacity Law and Policy, 19/3/20) — This article contains brief comments on the following: (1) DHSC, 'Responding to COVID-19: the ethical framework for adult social care' (19/3/20); (2) HM Government and NHS, 'COVID-19 Hospital Discharge Service Requirements' (19/3/20).
- Impact of coronavirus on operation of MCA. Alex Ruck Keene and Rosie Scott, 'The COVID-19 pandemic, the Coronavirus Bill and the Mental Capacity Act 2005' (39 Essex Chambers, 25/3/20) — This article contains information under the following headings: (1) The Coronavirus Bill; (2) Non-Statutory Guidance; (3) Guidance from the Court of Protection; (4) Advance care planning; (5) Commentary.
- Coronavirus public health restrictions. Alex Ruck Keene, 'Public health restrictions and capacity' (Mental Capacity Law and Policy, 29/3/20) — This blog post discusses the public health powers within the Coronavirus Act 2020. The material relating to the initial coronavirus restrictions (which were substantially amended) has been moved to a separate article.
- EPA registration guidance. OPG, 'How to register an EPA during the coronavirus outbreak' (27/4/20) — "If you need to register an EPA now, you can still do so while observing government guidance on social distancing, self-isolating and shielding."
- ASC winter plan. DHSC, 'Adult social care: our COVID-19 winter plan 2020 to 2021' (18/9/20) — "Here we set out the key elements of national support available for the social care sector for winter 2020 to 2021, as well as the main actions to take for local authorities, NHS organisations, and social care providers, including in the voluntary and community sector."