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Mental capacity and coronavirus

See also:

Vaccination

Cases

Coronavirus vaccination cases can be found in Category:Coronavirus vaccination cases:

  • Coronavirus vaccination. Re E (Vaccine): LB Hammersmith and Fulham v W [2021] 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 vaccination. NHS Tameside and Glossop CCG v CR [2021] EWCOP 19 — CR lacked capacity in relation to the coronavirus vaccination and it was not possible to determine his wishes and feelings. The Court of Protection decided it was in his best interests to have the vaccination, based on the orthodox view of its benefits, and rejecting family members' objections. The relief sought by the CCG was granted, although physical intervention was not authorised.
  • Coronavirus vaccination. A CCG v AD [2021] EWCOP 47 — The court decided that it was it was in AD's best interests to be administered two doses of the Oxford coronavirus vaccine: the plan was for a sedative to be given, not only to sedate but also to prevent memory formation, and for a nurse swiftly to enter the room, inject him, then leave, while AD was distracted by his care team. Any booster vaccination, or any care plan involving force, would have to be considered at a future court hearing.
  • Coronavirus vaccination. Royal Borough of Greenwich v IOSK [2021] EWCOP 65 — It was determined to be in the best interests of IOSK, a 17-year-old male with autism and severe learning disability, to be administered a coronavirus vaccination, despite family objections.
  • Coronavirus vaccination. A CCG v DC [2022] EWCOP 2 — (1) The judge followed the "official line" and on a fine balance authorised administration of the coronavirus vaccination and boosters to a young man against his parents' wishes, noting that he could see no reason for the court not to apply to adults under the MCA the same approach taken by the courts to children. (2) Other options were refused: consideration of treatment with ivermectin (as it was not an available option); further evidence to fine-tune the CCG's risk/benefit analysis (owing to the lateness of the application, urgency, and uncertainty about the proposal), and consideration of further evidence on vaccine risk (owing to the lateness of the application and to avoid an adjournment).

Other

Testing

  • 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

DOLS

Care home visiting

OPG

Miscellaneous

INFORMATION


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