A CLINICAL COMMISSIONING GROUP v FZ & TZ
Although vaccination is medically in FZ's best interests, the proposed plan is likely to cause trauma, be met with resistance, and fail. The Court cannot authorise a plan that is not realistically achievable and risks damaging trust and welfare beyond medical benefits.
- Parties
- Applicant: A Clinical Commissioning Group; First Respondent: FZ (by her litigation friend, the Official Solicitor); Second Respondent: TZ
- Jurisdiction
- England and Wales
- Judgment Date
- 30 May 2022
- Procedural Posture
- Court of Protection / Final Hearing
- Outcome
- Application dismissed
- Legal Topics
- COVID 19 Vaccination, Best Interests, Capacity Assessment, Medical Treatment, Religious and Cultural Objections
Case Brief
Summary, issues, holding and outcome
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Parties
A Clinical Commissioning Group
Applicant
FZ (by her litigation friend, the Official Solicitor)
First Respondent
TZ
Second Respondent
Procedural Posture
Court of Protection / Final Hearing
Legal Issues
- 1 Does FZ lack capacity to consent to COVID-19 vaccination?
- 2 Is it in FZ's best interests to receive the COVID-19 vaccine given her resistance and family objections?
- 3 Should the Court authorise the CCG's proposed vaccination plan for FZ?
Ratio Decidendi
Although vaccination is medically in FZ's best interests, the proposed plan is likely to cause trauma, be met with resistance, and fail. The Court cannot authorise a plan that is not realistically achievable and risks damaging trust and welfare beyond medical benefits.
Court Disposition
Application dismissed
Orders
- No authorisation for vaccination plan
- No further directions
Full Case Text
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