TN v An NHS ICB & Anor

TN v An NHS ICB & Anor

The appeal was dismissed because the lower court correctly applied the law and evidence, prioritising RN’s best interests and autonomy over parental rights, and there was no error in law or failure to consider relevant factors.

Parties
Appellant: TN; First Respondent: An NHS ICB; Second Respondent: RN
Jurisdiction
England and Wales
Judgment Date
16 December 2022
Procedural Posture
Court of Protection Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Covid 19 Vaccination, Best Interests, Parental Rights, Capacity, Medical Treatment of Incapacitated Adults
Mental Capacity Health Law Human Rights Covid 19 Vaccination Best Interests Parental Rights Capacity Medical Treatment of Incapacitated Adults

Case Brief

Summary, issues, holding and outcome

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Parties

TN

Appellant

An NHS ICB

First Respondent

RN

Second Respondent

Procedural Posture

Court of Protection Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the lower court erred in concluding it was in RN’s best interests to receive the Covid-19 vaccine
  2. 2 Whether parental rights override best interests decisions for incapacitated adults
  3. 3 Whether the court gave sufficient weight to RN’s wishes and feelings

Ratio Decidendi

The appeal was dismissed because the lower court correctly applied the law and evidence, prioritising RN’s best interests and autonomy over parental rights, and there was no error in law or failure to consider relevant factors.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused
  • Lower court’s orders affirmed