MC v Anor v A CCG & Anor [2022] EWCOP 20 (20 May 2022)

This case involved DC, a 21 year old man with a profound learning disability, rare congenital brain malformation and respiratory issues. 

DC’s parents were strongly opposed to him receiving the COVID-19 vaccine. They appealed HHJ Burrows’ decision (Regional Lead Judge for the Court of Protection in the Northwest (handed down 17 January 2022)) that it was in DC’s best interests to be vaccinated against the Covid-19 virus (the virus). The appeal was founded on several grounds, including that the Judge should not have made the decision without expert evidence.

Prior to the appeal being heard, DC happened to contract the virus. Hayden J hearing the appeal noted that but for this intervening event, the appeal would have been dismissed because HHJ Burrows’ decision was unimpeachable. However, in the circumstances, Hayden J took what he himself described as the “rare course” of ordering further evidence be obtained (including potentially an opinion from an expert epidemiologist) before determining the appeal and adjourned the hearing. We will provide a further update in due course.

Hayden J also took the opportunity of commenting, as did HHJ Burrows (see our March 2022 COP Newsletter), on the “significant” delay in the application being made and serves as yet another reminder for applications to be made timeously.