Legal update
in circumstances where evidence increasingly shows that the vaccines do not materially reduce transmission, in view of the irrational inclusion of some classes of person and not others and through providing for a review within a year rather than a much shorter period.
l That the regulations were made in breach of the government’s obligation to make a sufficient enquiry.
l That they were made in breach of a duty to consult.
It is not clear exactly when the challenge will be heard by the courts although, in view of the fact that the regulations will take effect on 11 November, one would hope that any hearing would be expedited through the courts as soon as possible.
Exemptions The government published on 15 September a letter from Claire Armstrong, director of adult social care delivery at the Department of Health Social Care, addressed to local authority chief executives, directors of adult social care services, care home providers and care home managers, which sets out temporary medical exemptions for Covid-19 vaccination of people working or deployed in care homes. According to the letter, 90.4 per cent of
care home workers had a first dose of the Covid 19 vaccine with 82.2 per cent having had the full dose as of 15 September. On a temporary basis, from 15
September, people or working or volunteering in care homes who have a medical reason why they are unable to have a Covid-19 vaccine will be able to self-certify that they meet the medical exemption criteria. The letter from Claire
Armstrong attaches the self-certification forms that need to be used. Those care home workers who
are exempt will need to sign the self- certification form and provide this to their employer as proof of temporary exemption status. This self-certification process was introduced for a short period prior to the launch of the new NHS Covid pass system, which according to the 15 September letter was due to go live imminently. Following the NHS Covid pass system
being launched, care home workers will need to apply for a form of medical exemption through that process. The temporary self-certification will expire 12 weeks after the NHS Covid pass system has been launched. The guidance goes on to list a non-
exhaustive set of examples of medical exemptions from Covid-19 vaccinations including individuals who:
l Are receiving end-of-life care where a vaccination is not in the individual’s interest.
l Have learning disabilities or are autistic individuals or have a combination of impairments that result in the same distress, who find vaccination and testing distressing because of their condition, and cannot be achieved through reasonable adjustments such as provision of an accessible environment.
l Have medical contra-indications to the vaccine such as a severe allergy to all Covid-19 vaccines or their constituents.
l Have experienced adverse reactions to their first dose. An example given of such a reaction is myocarditis, a condition resulting in inflammation of the heart.
l There will also be time-limited exemptions for those with short-term medical conditions. For example, those receiving hospital care or receiving medication that may interact with the vaccination, as well as for pregnant women should they choose to take it.
Other exemptions for conditions listed in section 4.4 in the summary of product characteristics for each of the approved Covid-19 vaccines – e.g. Pfizer, AstraZeneca and Moderna - may also be considered. Those who have received a Covid-19
vaccination overseas may also self- certify as being medically exempt, because it is deemed not clinically appropriate for them to be vaccinated in the UK if they have already received a partial or full course of vaccination overseas. The operational guidance for
vaccination of people working or deployed in care homes is also to be updated, according to this new temporary guidance note. From a risk management perspective,
the new temporary medical exemption procedure needs careful consideration by employers. The obvious question that arises is, what steps should an employer take to ensure that those who provide self-certification forms are doing so properly and meet all the relevant criteria to allow them to satisfy the conditions for medical exemption from a full Covid vaccination? Care homes would be best advised
16
www.thecarehomeenvironment.com • November 2021
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52
