Mental capacity and coronavirus
See also:
Vaccination
Cases
Coronavirus vaccination cases can be found in Category:Coronavirus vaccination cases:
- A CCG v AD [2021] EWCOP 47
- A CCG v DC [2022] EWCOP 2
- A CCG v DC [2022] EWCOP 20
- A Clinical Commissioning Group v FZ [2022] EWCOP 21
- An ICB v RN and TN [2022] EWCOP 41
- NHS Liverpool CCG v X [2022] EWCOP 17
- NHS Tameside and Glossop CCG v CR [2021] EWCOP 19
- North Yorkshire Clinical Commissioning Group v E [2022] EWCOP 15
- Re E (Vaccine): LB Hammersmith and Fulham v W [2021] EWCOP 7
- Royal Borough of Greenwich v IOSK [2021] EWCOP 65
Summaries below:
- 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. 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. 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. 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.
Other
- Coronavirus vaccination and learning disability. DHSC, 'Letter from the Health and Social Care Secretary on COVID-19 vaccination in people with learning disabilities' (24/2/21) — The Health Secretary has asked the NHS to ensure that everyone on the Learning Disability Register is invited for vaccination as part of cohort 6.
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
- Reasonable excuse to leave home. NG v Hertfordshire County Council [2021] 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
- 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."
DOLS
- MCA/DOLS coronavirus guidance. DHSC, 'The MCA and DOLS during the coronavirus pandemic' (updated 27/4/21) — This document contains information under the following headings: (1) Summary of key points; (2) Use of the MCA and DoLS due to COVID-19; (3) Best interest decisions; (4) Delivering life-saving treatment: application of the Ferreira judgement; (5) Depriving a person of their liberty; (6) Hospitals and care homes; (7) Any other setting; (8) Supervisory bodies (local authorities in England, and local health boards and local authorities in Wales); (9) Emergency coronavirus health powers. The changes from the 12/1/21 version can be found under the headings "Summary of key points" and "Supervisory bodies (local authorities in England, and local health boards and local authorities in Wales)".
- MCA/DOLS coronavirus guidance. DHSC, 'The MCA and DOLS during the coronavirus pandemic: additional guidance' (updated 12/1/21) — 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. Superseded by DHSC, 'The MCA and DOLS during the coronavirus pandemic: additional guidance' (updated 27/4/21).
- MCA/DOLS coronavirus guidance. DHSC, 'The MCA and DOLS during the coronavirus pandemic: additional guidance' (updated 27/4/21) — The changes between the 12/1/21 guidance and this version are all under the heading "Continuing to carry out your role as a DoLS independent mental capacity advocate (IMCA) or relevant person’s representative (RPR)".
- MCA/DOLS coronavirus guidance. DHSC, 'The MCA and DOLS during the coronavirus pandemic: additional guidance' (updated 12/1/21) — 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. Superseded by DHSC, 'The MCA and DOLS during the coronavirus pandemic: additional guidance' (updated 27/4/21).
- MCA/DOLS coronavirus guidance. DHSC, 'The MCA and DOLS during the coronavirus pandemic: additional guidance' (updated 24/12/20) — 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". Superseded by: DHSC, 'The MCA and DOLS during the coronavirus pandemic: additional guidance' (updated 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).
OPG
- 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."
- OPG procedure. OPG, 'NHS and social care staff: check if a COVID-19 patient has an attorney or deputy' (5/2/21) — This guidance has been updated to add information about searching on behalf of patients in relation to coronavirus vaccinations.
- OPG procedure. OPG, 'NHS and social care staff: check if a COVID-19 patient has an attorney or deputy' (7/4/20) — The Office of the Public Guardian aim to respond to requests: (1) in relation to coronavirus patients, within 24 hours, Monday to Friday, with weekend requests being prioritised on Mondays; (2) for other patients, within the usual 5 working days. Updated version: OPG, 'NHS and social care staff: check if a COVID-19 patient has an attorney or deputy' (5/2/21).
- OPG vaccination guidance. James Morrey, 'Lasting Power of Attorney and the COVID Vaccine' (OPG blog, 8/2/21) — This guidance is under two main headings: (1) Guidance for those administering vaccines, including to seek legal advice if you disagree with an attorney or deputy's refusal (no mention is made of disagreement with consent), or make a best interests decision if there is no COP order or LPA; (2) Guidance for attorneys and deputies, including to think about what the person's wishes would be, and to ensure that you are contacted for your decision.
Miscellaneous
- 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.
- 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."
INFORMATION
What links here:
- Official Solicitor, 'Coronavirus update - property and affairs team' (19/3/20)
- DHSC, 'Responding to COVID-19: the ethical framework for adult social care' (19/3/20)
- HM Government and NHS, 'COVID-19 Hospital Discharge Service Requirements' (19/3/20)
- Alex Ruck Keene, 'COVID-19 and MCA - first guidance out' (Mental Capacity Law and Policy, 19/3/20)
- 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)
- Coronavirus Act 2020
- Alex Ruck Keene, 'Public health restrictions and capacity' (Mental Capacity Law and Policy, 29/3/20)
- OPG, 'NHS and social care staff: check if a COVID-19 patient has an attorney or deputy' (7/4/20)
- Alex Ruck Keene et al, 'Rapid response guidance note: Testing for COVID-19 and mental capacity' (4/5/20)
- OPG, 'How to register an EPA during the coronavirus outbreak' (27/4/20)
- DHSC, 'Update on policies for visiting arrangements in care homes' (updated 21/9/20)
- DHSC, 'Update on policies for visiting arrangements in care homes' (updated 31/7/20)
- DHSC, 'Update on policies for visiting arrangements in care homes' (22/7/20)
- DHSC, 'Adult social care: our COVID-19 winter plan 2020 to 2021' (18/9/20)
- Sian Davies et al, 'Rapid response guidance note: COVID-19, social distancing and mental capacity' (39 Essex Chambers, 6/10/20)
- Re E (Vaccine): LB Hammersmith and Fulham v W [2021] EWCOP 7
- Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
- NG v Hertfordshire County Council [2021] EWCOP 2
- OPG, 'NHS and social care staff: check if a COVID-19 patient has an attorney or deputy' (5/2/21)
- James Morrey, 'Lasting Power of Attorney and the COVID Vaccine' (OPG blog, 8/2/21)
- DHSC, 'Letter from the Health and Social Care Secretary on COVID-19 vaccination in people with learning disabilities' (24/2/21)
- NHS Tameside and Glossop CCG v CR [2021] EWCOP 19
- DHSC, 'The MCA and DOLS during the coronavirus pandemic: additional guidance' (updated 24/12/20)
- DHSC, 'The MCA and DOLS during the coronavirus pandemic: additional guidance' (updated 12/1/21)
- DHSC, 'The MCA and DOLS during the coronavirus pandemic: additional guidance' (updated 27/4/21)
- DHSC, 'The MCA and DOLS during the coronavirus pandemic' (updated 27/4/21)
- A CCG v AD [2021] EWCOP 47
- Royal Borough of Greenwich v IOSK [2021] EWCOP 65
- A CCG v DC [2022] EWCOP 2
- A Clinical Commissioning Group v FZ [2022] EWCOP 21
- NHS Liverpool CCG v X [2022] EWCOP 17
- North Yorkshire Clinical Commissioning Group v E [2022] EWCOP 15
- A CCG v DC [2022] EWCOP 20
- An ICB v RN and TN [2022] EWCOP 41
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