Tag: COVID19

Can the Court decide if P should have the COVID-19 vaccine?

Ella WilkinsonLeave a comment

In the recent case of E (Vaccine) [2021] EWCOP 7, the issue at hand was whether P should receive a vaccination for COVID-19.

By way of background, P is 80 years old, has been diagnosed with dementia and schizophrenia, and is a care home resident.

On 8 January 2021, P’s accredited legal representative was informed by the London Borough of Hammersmith and Fulham that she was to be offered a vaccination against COVID-19 on 11 January 2021. P’s son raised objections to this via email, and therefore the vaccination on 11 January did not go ahead.

As such, an application was made by P’s legal representative, pursuant to S15 Mental Capacity Act (2005), to obtain a declaration stating that it would be lawful and in P’s best interests for her to receive the vaccine at the next available date.

In a video call with P’s GP on 19 January 2021, P was asked whether she remembered being informed of Coronavirus and the dangers of it, to which P responded she did not. When asked if she wanted to receive the vaccination, P stated that she wanted ‘whatever was best for me’.

P’s son, as per his objections raised when P was initially offered the vaccine, did not share this viewpoint, and raised concerns as to the efficacy of the vaccine, and whether sufficient testing had been carried out.

It was concluded that P did not have the capacity to understand the nature or transmission of Coronavirus, or to determine whether she should receive the vaccine. Furthermore, it was decided that given the fact that the care home she resided in had several recent positive cases of Coronavirus, taking into account P’s age, medical conditions and her statement on the video call with the GP, that it was in her best interests for her to be vaccinated, and for her to receive the vaccine as soon as practicable.

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COVID-19 update: face to face hearings

Joanne ChaseLeave a comment

HMCTS are consolidating the work of the courts and tribunals into fewer buildings. It has been announced that from Monday 30 March 2020 there will be a network of priority courts that will remain open during the coronavirus pandemic to make sure the justice system continues to operate effectively.

Fewer than half of all court and tribunal buildings will remain open for physical hearings, with 157 priority court and tribunal buildings remaining open for essential face-to-face hearings. This represents 42% of the 370 crown, magistrates, county and family courts and tribunals across England and Wales.

To help maintain a core justice system that is focused on the most essential cases there will be open courts, staffed courts and suspended courts.

The Judiciary recommend that you check which courts are open before you travel.  For information regarding the category of each court please follow this link.

Lord Chancellor Robert Buckland has said that it is vital that we keep our courts running. and that:

“An extraordinary amount of hard work has gone into keeping our justice system functioning. Technology is being used creatively to ensure that many cases can continue. Not everything can be dealt with remotely and so we need to maintain functioning courts.

These temporary adjustments to how we use the court estate will help ensure that we can continue to deal with work appropriately in all jurisdictions whilst safeguarding the well-being of all those who work in and visit the courts”.

Staffed courts will support video and telephone hearings and progress cases without hearings and ensure continued access to justice.

The remaining courts and tribunals will close temporarily and these measures will be kept in place for as long as necessary.

You can find out more about our services here or you can contact the Costs and Litigation Funding team at CivilCosts@clarionsolicitors.com.