MC & Anor v A CCG & Anor

DC's best interests remain protected by vaccination, as guidance indicates vaccination boosts immunity post-infection and risks are remote; however, further evidence is required regarding the number and type of injections, necessity of boosters, and impact of Omicron infection before final determination.

Parties: Appellant: MC; Appellant: AC; First Respondent: A CCG; Second Respondent: DC
Jurisdiction: England and Wales
Judgment Date: 20 May 2022
Procedural Posture: Appeal / Interlocutory Review, Adjourned for Further Evidence
Outcome: Appeal adjourned for further evidence; no final determination on vaccination yet.
Legal Topics: Covid 19 Vaccination, Best Interests, Court of Protection, Medical Treatment of Incapacitated Adults

Health Law Mental Capacity Law Covid 19 Vaccination Best Interests Court of Protection Medical Treatment of Incapacitated Adults

Case Brief

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Parties

Appellant

A CCG

First Respondent

Second Respondent

Procedural Posture

Appeal / Interlocutory Review, Adjourned for Further Evidence

Legal Issues

1 Whether it is in DC's best interests to be vaccinated against Covid-19
2 Impact of DC's natural immunity post-infection on vaccination decision
3 Adequacy of evidence and guidance regarding vaccination for clinically vulnerable adults

Ratio Decidendi

Court Disposition

Appeal adjourned for further evidence; no final determination on vaccination yet.

Orders

Further evidence to be obtained on number and type of injections required, necessity of booster post-Omicron infection, medication or vaccination for clinically vulnerable group, and effect of vaccination post-natural infection.
Appeal adjourned for a short period to investigate these issues.