MC & Anor v A CCG & Anor [2022] EWCOP 20

Appeal by family against decision to allow the CCG to vaccinate a vulnerable adult against Covid.

The decision under appeal is A Clinical Commissioning Group v DC & Ors [2022] EWCOP 2 and concerns DC, a 20 year old man, who lives in residential care and alongside conditions affecting his capacity also has problems with his lungs so he often gets respiratory illnesses requiring hospital admission. His parents were opposed while the Official Solicitor agreed with the CCG that vaccination was in DC’s best interests. HHJ Burrows agreed, though the balance was difficult, mainly because vaccination would have a positive effect on DC’s enjoyment of life.

A few days before this appeal, DC contracted the virus and was quite ill (though he recovered). In light of this development, the Vice President, Hayden J, had to review the framework put in place for vaccination. At [28] he comments that the original decision, while less delicate in his view, was ‘unimpeachable’ but for DC’s subsequent infection. Given the “parents' almost palpable anxiety” in court, which is now a factor in DC’s best interests, he takes the rare course of ordering further evidence about the nature of the vaccinations required and the effect of post viral natural protection before reaching a final conclusion.

Read the judgment on Bailii