33. Parent of young adult with special needs refusal of test and vaccination


Many members who are parents to young adults with special needs and who are not diagnosed as Gillick Competent have asked me to produce a template letter in order that they can remove consent for their loved one from having the Covid testing and Vaccination.  If the young adult is Gillick Competent and has been declared capable of rational thought and decision making and has a good grasp on caring for themselves & capable of making independent decisions, then we suggest you choose the Adult template for refusal of testing & vaccine, this template is for those who have not been declared Gillick competent and require their parent/care giver to make decisions on their health & wellbeing.  Simply copy and paste the letter, completing the italic areas requiring personal details, sign the letter, also have a witness over the age of 18 years to sign the letter - also if the young adult with special needs is able to sign then by all means allow them to sign the letter also, do not worry if they cannot, it is the parent and the witness signature that are the most important in this case.  Send the letter to the Medical Records Manager at your Local Health Board, keep a copy for yourself and send the letter tracked so that the letter has to be signed for ensuring they receive it.  The letter is to be placed on both your health files, this letter includes both the parent and the young adult.  If you want one just for parent or just the young adult can we recommend you print letter No. 17 the living will and send that letter instead.  This is a 2 page letter, please ensure you send page 2 part of the letter as this explains the laws that they will be breaking if they try to force you or your young adult to be tested or vaccinated in contravention of your wishes.

**Remember to include your details in the relevant (Bracket) areas to personalise it**  *Please note this letter is also available in a choice of downloadable formats to include Microsoft Doc., PDF or ODT at the end of the letter.


Copy & Paste here:


                                                                                                                                                 (Your Name

                                                                                                                                                (Your Address)

                                                                                                                                                 (Tel No.)

                                                                                                                                                 (Email Address)

 Dated : (Today's Date)


To The Medical Records Manager 

(Address of Local Health Board)


Dear Sir/Madam

Re: Removal of Consent for SARS-CoV-2 Testing & Vaccinations

Name:     (Enter name here)                              Date of Birth:  (Enter date of Birth)

Dependant's Name: (Enter name here)           Date of Birth:  (Enter Date of Birth)

I“Your Name” wish it to be known and understood that as from the date appearing on this document and in the event that I am incapacitated in any way whatsoever and unable to voice or make my decision and that of my dependant  “ Dependant's Name” for whom as parent I have sole care responsibility due to special needs of the dependent and “In accordance with my Human rights and that of my Dependant's Human Rights (Article 6.1 UK law and Article 6.1 2005 UNESCO bioethics human rights statement”): UNESCO Bioethics & Human Rights 2005Article 6 – Consent

1. Any preventive, diagnostic and therapeutic medical intervention is only to be carried out with the prior, free and informed consent of the person concerned, based on adequate information. The consent should, where appropriate, be express and may be withdrawn by the person concerned at any time and for any reason without disadvantage or prejudice.I wish it to be known that I DO NOT give consent for myself and that of my dependent for which I am lawfully responsible to allow any form of Coronavirus, Covid19 or SARS Cov2 testing or vaccinations to be conducted or performed either internally or externally on any part of my body or their body. This request does not remove our rights to necessary NHS treatment that is deemed necessary for continued good health in according with the NHS Constitution and only refers to testing and vaccination of SARS-CoV2. Any such attempt in contravention of our wishes will be treated as common assault and in contravention of our human rights mentioned above and will be the subject of prosecution in law of those involved in this action. Signed


Your Name


Dependent's Name 


Dependent's Signature (if physically able to provide a signature)


Witness Signature:


Page 2 ....


HUMAN RIGHTS

UNESCO BIOETHICS & HUMAN RIGHTS 2005

Article 3 – Human dignity and human rights  1. Human dignity, human rights and fundamental freedoms are to be fully respected. 2. The interests and welfare of the individual should have priority over the sole interest of science or society.

Article 6 – Consent 1. Any preventive, diagnostic and therapeutic medical intervention is only to becarried out with the prior, free and informed consent of the person concerned,based on adequate information. The consent should, where appropriate, beexpress and may be withdrawn by the person concerned at any time and forany reason without disadvantage or prejudice.

2. Scientific research / medical intervention should only be carried out with the prior, free, express and informed consent of the person concerned. The information should be adequate, provided in a comprehensible form and should include the modalities for withdrawal of consent. Consent may be withdrawn by theperson concerned at any time and for any reason without any disadvantage or prejudice. 

3. In appropriate cases of research carried out on a group of persons or a community, additional agreement of the legal representatives of the group or community concerned may be sought. In no case should a collective community agreement or the consent of a community leader or other authority substitute for an individual’s informed consent. 

NATIONAL HEALTH SERVICE CONSTITUTION 
The NHS Constitution for England (“the Constitution”) (last updated 2015) states, under the heading
1. “Respect, consent and confidentiality” that every person has the right to: (a) be treated with dignity and respect, in accordance with their human rights. (b) accept or refuse treatment that is offered, and not to be given any physical examination or treatment unless they have given valid consent. (c) be given information about the test and treatment options available, what they involve and their risks and benefits.

  1.      
  2.      be      involved in planning and making decisions about their health and      care with their care provider or providers.            

DISCRIMINATION ACT 2010

Article 5: Discrimination & Equality

Article 5 – Equality and non-discrimination

1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. 2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. 3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided. 4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.


Downloadable formats available Microsoft Doc, PDF or ODT here:

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