SS v London Borough of Richmond Upon Thames & Anor

SS v London Borough of Richmond Upon Thames & Anor

Although SS is clinically vulnerable and the medical evidence supports vaccination, her consistent and capacitous opposition to vaccines, her current resistance, and the likely trauma and loss of trust from forced administration mean that it is not in her best interests to receive the Covid-19 vaccine against her wishes.

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 Determination of Best Interests Regarding Covid 19 Vaccination
Outcome
Application refused; it is not in SS's best interests to administer the Covid-19 vaccine against her wishes.
Legal Topics
Covid 19 Vaccination, Best Interests Decision Making, Capacity Assessment, Medical Treatment of Incapacitated Adults
Mental Capacity Health Law Human Rights Covid 19 Vaccination Best Interests Decision Making Capacity Assessment 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 Determination of Best Interests Regarding Covid 19 Vaccination

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 is clinically vulnerable and the medical evidence supports vaccination, her consistent and capacitous opposition to vaccines, her current resistance, and the likely trauma and loss of trust from forced administration mean that it is not in her best interests to receive the Covid-19 vaccine against her wishes.

Court Disposition

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

Orders

  • No order for vaccination to be administered to SS.
  • Parties to continue to monitor SS's welfare and review if circumstances change.