Atkins & Palmer acted in the first reported Court of Protection case to consider whether it is in a persons best interests to receive the Covid-19 vaccination if they lack capacity to make the decision and they are objecting to receiving the vaccine. It is different to the previous cases concerning vaccination, which involved objections by family members. The judgment can be found here – SS v London Borough of Richmond Upon Thames & Anor [2021] EWCOP 31 https://www.bailii.org/ew/cases/EWCOP/2021/31.html
We are dealing with a number of similar cases where a person lacking capacity to make a decision about vaccination is objecting to receiving the vaccine for Covid-19. It is important that where a dispute arises regarding capacity or best interests and the vaccine, an appropriate application is made to the Court of Protection as soon as possible, particularly in light of the increasing prevalence of variants of the virus.
