Mental capacity and coronavirus

See also:


  • Coronavirus vaccination. Re E (Vaccine): LB Hammersmith and Fulham v W [2021] EWCOP 7Mrs 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

Social distancing


  • 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