GA, Re (vaccination) [2021] EWCOP 66 (01 October 2021)

GA, Re (vaccination) [2021] EWCOP 66 (01 October 2021)

It is in GA's best interests to receive the Covid-19 vaccination, as the medical evidence overwhelmingly supports its safety and benefit for her, her past acceptance of vaccinations indicates consistency with her wishes and values, and family objections based on non-expert opinion, religious, or cultural grounds do...

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Citation
[2021] EWCOP 66
Parties
Applicant: A Local Authority; First Respondent: GA (by her litigation friend, the Official Solicitor); Second Respondent: TA; Third Respondent: XA; Fourth Respondent: SR (GA's Deputy for Property and Affairs); Fifth Respondent: A CCG
Jurisdiction
England and Wales
Judgment Date
01 October 2021
Procedural Posture
Court of Protection / Judgment on Application for Best Interests Decision Regarding Covid 19 Vaccination
Outcome
Application granted
Legal Topics
Best Interests Decision, Covid 19 Vaccination, Capacity Assessment, Medical Treatment, Court of Protection Procedure
Mental Capacity Health Law Best Interests Decision Covid 19 Vaccination Capacity Assessment Medical Treatment Court of Protection Procedure

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Parties

A Local Authority

Applicant

GA (by her litigation friend, the Official Solicitor)

First Respondent

TA

Second Respondent

XA

Third Respondent

SR (GA's Deputy for Property and Affairs)

Fourth Respondent

A CCG

Fifth Respondent

Procedural Posture

Court of Protection / Judgment on Application for Best Interests Decision Regarding Covid 19 Vaccination

Legal Issues

  1. 1 Whether it is in GA's best interests to receive the Covid-19 vaccination given her lack of capacity
  2. 2 Whether religious, cultural, or family objections outweigh medical advice in best interests assessment

Ratio Decidendi

It is in GA's best interests to receive the Covid-19 vaccination, as the medical evidence overwhelmingly supports its safety and benefit for her, her past acceptance of vaccinations indicates consistency with her wishes and values, and family objections based on non-expert opinion, religious, or cultural grounds do not outweigh the medical and welfare considerations.

Court Disposition

Application granted

Orders

  • It is ordered that GA shall receive the Covid-19 vaccination (Oxford AstraZeneca) at home, administered by her GP.
  • The first vaccine shall not be administered before 11 October 2021 to allow time for any appeal application.