Government U Turn on Mandatory Vaccinations

In July 2021 the government passed Regulations which meant that all employees working in care homes would have to be double vaccinated by 11 November 2021 or otherwise they could no longer be employed in that role. Further Regulations were due to be introduced for frontline NHS and wider social care staff in regulated settings from 1 April 2022.   It was predicted that, as a result, the NHS would lose over 70,000 frontline workers and the care sector would lose a fifth of its workforce.

However, following a consultation between 9-16 February 2022 the Government have announced yesterday that these Regulations will be revoked from 15 March 2022**. The Consultation outcome confirmed that 90% of respondents supported revoking the requirement with only 9% opposing this proposal.

The outcome went on to say that in light of the latest scientific evidence and having considered the views received as part of the consultation, as well as an analysis of equalities impacts, the Government will bring forward regulations to revoke vaccination as a condition of deployment.

The Regulations will revoke the requirements that CQC registered persons only permit those who are vaccinated against COVID-19, unless otherwise exempt, to be deployed for the provision of a CQC-regulated activity in health and/or social care, and to enter CQC registered care home premises.

It is our view that although this announcement is a welcome relief to the care sector due to the difficulties in retainment and recruitment of staff, it has come following a period of time where these organisations and charities have already had to dismiss or not employ individuals due to the regulations put in place by the Government last year.  The sector has therefore already lost some of its most skilled workers at a time when it is facing what has been deemed its biggest ever staffing crisis.  Whether this damage can be “undone” remains questionable.

**Revoking vaccination as a condition of deployment across all health and social care: consultation response – GOV.UK (www.gov.uk)

Claire Helling, Senior Solicitor  Laura Kelleher, Solicitor

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