An ICB & RN & TN [2022] EWCOP 41

Capacity and best interests decision concerning a 22 year old and whether he should receive the covid vaccine.

RN has a learning disability and a heart condition, Tetralogy of Fallot. His mother TN, who he lives with, claimed the vaccine could cause her son serious harm because of his pre-existing condition. Two medical experts - one in writing and the other a GP who gave evidence in court - both felt RN should have the vaccine and the government guidance supported that view.

HHJ Burrows reviews the case law that has emerged on these cases, in particular the principles set out by Poole J in North Yorkshire CCG v E & others [2022] EWCOP 15. At [43], he rejects the idea of a precautionary principle. He also factors in that RN has already had the virus and states that TN’s views cannot be determinative in this case. At [50] he concludes

"My role is to make a best interests evaluation. I cannot escape the simple reality that the vaccine is likely to reduce RN’s risk of developing a serious infection and dying of it. In the absence of any evidence that he is placed more at risk from having the vaccine than not having it- and there is none- I consider it clearly in his best interests to receive it."

Read the judgment on the National Archives.