Care home staff take legal action against mandatory vaccination

Two care home staff are taking legal action against the government’s mandatory vaccination rules that ban anyone entering a care home after 11th November 2021 unless they have received two doses of the Janssen, Pfizer/BioNTech, Moderna, or AstraZeneca vaccines.

The move is being funded by freedom of choice campaigner and controversial anti-lockdown activist, Simon Dolan.

The claimants seeking permission for the Judicial Review against the government are Julie Peters, a care home programme director from Poole, and Nicola Findley, a full-time care home support worker from Wolverhampton.

Peters, who is predominantly office-based and is infrequently required to visit care homes believes that she should have freedom of choice over medical interventions. Whilst Findley is concerned about side-effects related to the vaccine and whether the Government’s advice can be trusted.

The pair are seeking the Judicial Review against the Health Secretary on five grounds:

  • That the regulations are incompatible with laws prohibiting the enforcement of mandatory vaccines.
  • That the Health Secretary failed to consider the efficacy of alternatives to mandatory vaccination and did not consider the vaccination rate of care homes and/or persons with natural immunity. 10
  • That the regulations interfere with the public’s right to ‘bodily integrity’ and is severe, unnecessary, and disproportionate.
  • That the regulations 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 the regulations are irrational and will lead to shortages in both front-line and non-front line care workers.

The claimants are seeking a quashing order to render the mandatory vaccination requirements null and void alongside a declaration from the health secretary Sajid Javid that he has violated articles 8 and 14 of the EHCR and that the regulations are unlawful.

Date Published: September 15, 2021