Consent to vaccinate and the decision making process

Hope is on the horizon, the vaccine is being rolled out in the thousands daily and most of those in priority group one have received their first dose. There is positivity in the air and some of us are daring to think about planning for summer holidays and family gatherings.  The choice to have the vaccine though is individual, and therefore not mandatory. Those who lack capacity to make decisions about their health and welfare however, will require support to access and receive the vaccine.

The Office of the Public Guardian has provided useful guidance for both vaccinators, and those who find themselves in the position of making that important decision to vaccinate on behalf of another. This highlights that if a person lacks capacity and has a Lasting Power of Attorney ("LPA") for health and welfare, or the Court of Protection has appointed a Deputy to make these decisions in lieu of a LPA, that Attorney or Deputy must make the decision instead on a best interests basis.

The guidance highlights the importance of consent to receive the vaccine, and impresses on vaccinators that they have a duty to ensure consent has been given by the right person. This follows recent case law from the Court of Protection highlighting how best interest decisions should be made, the importance of the autonomy of P when making such a best interests decision (E (Vaccine) [2021] EWCOP 7 (20 January 2021) .