A, Re (Covid-19 vaccination) [2021] EWCOP 47

Application by CCG to determine whether they can administer the Astra Zeneca vaccine to a clinically vulnerable adult. 

AD has diagnoses of moderate Learning Disability, Down's Syndrome and Autism. He is clinically overweight, with an estimated BMI of 31. He is also unable to socially distance, experiences significant health anxiety and finds health interventions distressing: he consistently refuses to engage with them. The CCG were seeking orders that would allow them to administer the vaccine and, if necessary, any booster that might become available. AD’s mother opposed the vaccine, partly as she felt that AD would react badly and lose trust in medical interventions, but also because she did not trust the vaccine in general.

HHJ Brown granted the application noting that it was not for the court to determine the general questions concerning the vaccine and notes the Official Solicitor’s view that the complicating factor here was AD’s resistance to medical treatment, stating that: 

"It is in AD's best interests to be administered the Astra-Zeneca two shot vaccine. I am further impressed by the careful thought that has gone into how that vaccine can be administered without causing AD distress. I note the careful consideration of this plan by the Official Solicitor on behalf of AD. In my judgment, it is in AD's best interests for the vaccine to be administered in accordance with the care plan which does not involve the use of force."

However she refused to sanction the booster vaccine, agreeing with the Official Solicitor that :

"The guidance and medical advice may have changed by the time any booster may be required. Any individual would wish to consider whether to have the booster at the time that it is available and those representing AD should be afforded the same opportunity."

Read the full judgment on Bailii.