SS v London Borough of Richmond Upon Thames & Anor [2021] EWCOP 31 (30 April 2021)

SS v London Borough of Richmond Upon Thames & Anor [2021] EWCOP 31 (30 April 2021)

Although SS lacks capacity to decide on Covid-19 vaccination, her consistent and capacitous opposition to vaccination, her current strong objections, and the likely adverse impact on her welfare and dignity mean that it is not in her best interests to be vaccinated against her will, even considering her clinical vulnerability and the ongoing risk of Covid-19.

Citation
[2021] EWCOP 31
Parties
Applicant: SS; 1st Respondent: London Borough of Richmond upon Thames; 2nd Respondent: South West London Clinical Commissioning Group
Jurisdiction
England and Wales
Judgment Date
30 April 2021
Procedural Posture
Court of Protection Section 21 a Mental Capacity Act 2005 Application / Final Directions Hearing and Best Interests Determination
Outcome
Application refused; declaration that it is not in SS's best interests to receive the Covid-19 vaccine against her wishes.
Legal Topics
Best Interests Decision Making, Covid 19 Vaccination, Capacity Assessment, Deprivation of Liberty, Medical Treatment of Incapacitated Adults
Mental Capacity Law Health Law Public Law Best Interests Decision Making Covid 19 Vaccination Capacity Assessment Deprivation of Liberty Medical Treatment of Incapacitated Adults

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Parties

SS

Applicant

London Borough of Richmond upon Thames

1st Respondent

South West London Clinical Commissioning Group

2nd Respondent

Procedural Posture

Court of Protection Section 21 a Mental Capacity Act 2005 Application / Final Directions Hearing and Best Interests Determination

Legal Issues

  1. 1 Whether SS lacks capacity to decide on Covid-19 vaccination
  2. 2 Whether it is in SS's best interests to receive the Covid-19 vaccine against her wishes

Ratio Decidendi

Although SS lacks capacity to decide on Covid-19 vaccination, her consistent and capacitous opposition to vaccination, her current strong objections, and the likely adverse impact on her welfare and dignity mean that it is not in her best interests to be vaccinated against her will, even considering her clinical vulnerability and the ongoing risk of Covid-19.

Court Disposition

Application refused; declaration that it is not in SS's best interests to receive the Covid-19 vaccine against her wishes.

Orders

  • No authorisation for vaccination of SS against her wishes.
  • Parties to continue to act in SS's best interests regarding her care and welfare.