E (Vaccine) [2021] EWCOP 7 (20 January 2021)

E (Vaccine) [2021] EWCOP 7 (20 January 2021)

Mrs E lacks capacity to decide on Covid-19 vaccination. Given her age, residence in a care home with a Covid-19 outbreak, underlying health conditions, and past acceptance of vaccines, it is in her best interests to receive the Covid-19 vaccine as soon as possible.

Citation
[2021] EWCOP 7
Parties
Applicant: E; 1st Respondent: London Borough of Hammersmith and Fulham; 2nd Respondent: W
Jurisdiction
England and Wales
Judgment Date
20 January 2021
Procedural Posture
Court of Protection Application Under the Mental Capacity Act 2005 / Application for Declaration Regarding Best Interests and Lawfulness of Covid 19 Vaccination
Outcome
Declaration granted: lawful and in Mrs E's best interests to receive the Covid-19 vaccine.
Legal Topics
Covid 19 Vaccination, Best Interests, Capacity Assessment, Declarations Under MCA 2005
Mental Capacity Law Health Law Public Health Law Covid 19 Vaccination Best Interests Capacity Assessment Declarations Under MCA 2005

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Parties

E

Applicant

London Borough of Hammersmith and Fulham

1st Respondent

W

2nd Respondent

Procedural Posture

Court of Protection Application Under the Mental Capacity Act 2005 / Application for Declaration Regarding Best Interests and Lawfulness of Covid 19 Vaccination

Legal Issues

  1. 1 Whether Mrs E lacks capacity to decide on Covid-19 vaccination
  2. 2 Whether it is in Mrs E's best interests to receive the Covid-19 vaccine

Ratio Decidendi

Mrs E lacks capacity to decide on Covid-19 vaccination. Given her age, residence in a care home with a Covid-19 outbreak, underlying health conditions, and past acceptance of vaccines, it is in her best interests to receive the Covid-19 vaccine as soon as possible.

Court Disposition

Declaration granted: lawful and in Mrs E's best interests to receive the Covid-19 vaccine.

Orders

  • Declaration pursuant to section 15 MCA 2005 that it is lawful and in Mrs E's best interests to receive the Covid-19 vaccine at the next possible date.