On 11 November 2021 a new law will come into force which requires care workers to be fully vaccinated against Covid-19.  

Not without challenges

This new law however is being challenged due to the number of care workers that have raised concerns.  The new regulations impose the requirement for compulsory vaccination in accordance with the Public Health (Control of Disease) Act 1094 under section 45C, but section 45E of the same act states: “Medical treatment (1) Regulations under section 45B or 45C may not include provision requiring a person to undergo medical treatment. (2) “Medical treatment” includes vaccination and other prophylactic treatment.” 

Consequently, it is argued that section 45E of the Public Health (Control of Disease) Act 1984 expressly overrides the new regulation’s requirement for care workers to be vaccinated. 

Expectations

It is anticipated that formal judicial review proceedings, which will challenge the Care Home Regulations, are likely to be issued shortly.

For further details here is a link to the legislation, The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021

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