Judges have ruled that disabled adults who cannot make decisions for themselves should be vaccinated against coronavirus (Covid-19).
The Court of Protection intervened in a case last May. It involved a dispute between parents over whether their disabled son should be vaccinated.
Vaccination ‘in best interests’
The court ruled the vaccination was in the best interests of the man. He is in his thirties and has a learning disability, Down’s syndrome and autism.
Lawyers Rook Irwin Sweeney (RIS) say there have been “a number of legal cases” where the court backed vaccination.
In addition, the court has backed restraint and sedatives to support vaccinations.
Court involvement ‘only in a dispute’
In a statement, RIS said the Court of Protection is only likely to get involved if there is a dispute.
The law firm said there might be a need for special arrangements.
These include the vaccination taking place at home, with extra staff and medication.
‘Very uncomfortable’
Beth Morrison is head of charity Positive and Active Behaviour Support Scotland (PABSS).
The organisation campaigns for a reduction in the use of restraint on children with learning disabilities and autism.
Morrison said while she could accept sedatives in some cases, she was “very uncomfortable” with the idea of people with autism and learning disabilities being “held down”.
Template letter for special arrangements
Barristers Victoria Butler-Cole QC, Arianna Kelly and Nyasha Weinberg have produced a template letter to help families ask doctors for special arrangements.
In the case last May, the mother argued that health staff would have to use force and a sedative. This would cause him to distrust medics, she said.
But the judge insisted that health staff would not use force. In addition, the mild sedative would prevent memories from forming.
Conspiracy theories
The mother also presented conspiracy theories about the vaccine.
These theories included claims the vaccine creators designed it to establish a “new world order” to “fully control and enslave the world’s population”.
Related:
- More protection for Scottish school kids
- High noon at High Court for parents
- Legal boost to protection of liberty
Published: 5 February 2022
