AN ICB v RN

AN ICB v RN

RN lacks capacity to decide on vaccination. National guidance and unchallenged medical evidence establish that vaccination is in his best interests, with no evidence of increased risk from the vaccine. The views of his mother are considered but do not outweigh the medical consensus and public health guidance.

Parties
Applicant: AN ICB; First Respondent: RN (by his ALR); Second Respondent: TN
Jurisdiction
England and Wales
Judgment Date
28 September 2022
Procedural Posture
Court of Protection Application / Judgment
Outcome
Application granted
Legal Topics
COVID 19 Vaccination, Best Interests Decision Making, Capacity Assessment, Medical Treatment for Incapacitated Persons
Mental Capacity Law Health Law COVID 19 Vaccination Best Interests Decision Making Capacity Assessment Medical Treatment for Incapacitated Persons

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Parties

AN ICB

Applicant

RN (by his ALR)

First Respondent

TN

Second Respondent

Procedural Posture

Court of Protection Application / Judgment

Legal Issues

  1. 1 Does RN lack capacity to decide on COVID-19 vaccination?
  2. 2 Is it in RN's best interests to receive the COVID-19 vaccine?

Ratio Decidendi

RN lacks capacity to decide on vaccination. National guidance and unchallenged medical evidence establish that vaccination is in his best interests, with no evidence of increased risk from the vaccine. The views of his mother are considered but do not outweigh the medical consensus and public health guidance.

Court Disposition

Application granted

Orders

  • Declaration that RN lacks capacity to decide on COVID-19 vaccination
  • Declaration that it is in RN's best interests to receive the vaccine and subsequent boosters