A LOCAL AUTHORITY and GA

A LOCAL AUTHORITY and GA

It is in GA's best interests to receive the Covid-19 vaccination, given her medical vulnerability, past acceptance of vaccines, lack of capacity, and overwhelming medical evidence supporting vaccination. Family opposition and religious/cultural concerns do not outweigh the medical and welfare benefits.

Parties
Applicant: A Local Authority; Respondent: GA; Respondent: TA; Respondent: XA; Respondent: SR; Respondent: A CCG
Jurisdiction
England and Wales
Judgment Date
01 October 2021
Procedural Posture
Court of Protection / Judgment on Urgent Application for Covid 19 Vaccination
Outcome
Application granted
Legal Topics
Covid 19 Vaccination, Best Interests, Capacity Assessment, Medical Treatment, Court of Protection Procedure

Case Brief

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Parties

A Local Authority

Applicant

GA

Respondent

TA

Respondent

XA

Respondent

SR

Respondent

A CCG

Respondent

Procedural Posture

Court of Protection / Judgment on Urgent Application for Covid 19 Vaccination

  1. 1 Whether GA should receive a Covid-19 vaccination in her best interests
  2. 2 Whether family opposition and religious/cultural factors outweigh medical advice
  3. 3 Whether past vaccination history is relevant to current decision

Ratio Decidendi

It is in GA's best interests to receive the Covid-19 vaccination, given her medical vulnerability, past acceptance of vaccines, lack of capacity, and overwhelming medical evidence supporting vaccination. Family opposition and religious/cultural concerns do not outweigh the medical and welfare benefits.

Court Disposition

Application granted

Orders

  • GA to receive the Oxford AstraZeneca Covid-19 vaccine at home administered by GP.
  • First vaccine not to be administered before 11 October to allow time for appeal.