From 11 November 2021, all care home workers and anyone entering a care home must be fully vaccinated in accordance with the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 (SI 2021/891) (Amendment Regulations).
On 9 September 2021, judicial review proceedings were issued challenging the mandatory vaccination requirement. The proceedings are reported to have been brought on five grounds. It is argued that:
incompatible with laws prohibiting the enforcement of mandatory vaccines;
that they interfere with the public’s right to “bodily integrity”
that they are severe, unnecessary and disproportionate; will disproportionately impact women and those who identify as Black/Caribbean/Black British, in contravention of Articles 8 and 14 of the European Convention on Human Rights;
that they are irrational and will lead to shortages in both frontline and non-frontline care workers.
it is also argued that the Health Secretary failed to consider the efficacy of alternatives to mandatory vaccination and did not consider the vaccination rate of care homes or the impact of natural immunity.
We are in new territory and it will be interesting to see how the Proceedings are dealt with, having regard to both the legal and political ramifications of any decision.
The contents of this article do not constitute legal advice and are provided for general information purposes only.
The contents of this post do not constitute legal advice and are provided for general information purposes only ■
