5 Filters

Local Authority Takes Mother to Court for Refusing to Vaccinate Severely Disabled Son

“The woman does not want her son to have the mRNA jabs, and a world-leading medical expert has stated that Tom could be at serious risk from the vaccines because of his chromosomal abnormality and his heart condition.”

This is like the US case of Hannah Poling, whose lifelong, autism-like symptoms the court found HAD been caused by the MMR, due to her existing chromosomal abnormality.

There are a few outrageous-looking statements in the previous jugdement.

“One further factor relevant to the best interests of RN is whether he may have made an altruistic decision— i.e. to receive the vaccine to protect the community at large, or in a narrower way, such as his family.

In the reporting:

“The local authority is not named in the court documents and Tom is referred to only as “TN” while his mother is referred to as “RN” with the family described as being from the north-west of England.”

Did this judge get the name wrong?

Anyway, I’m not sure that a year and a half on, they will be able to find a qualified expert to lie that the jabs prevent transmission.

But the adult-like altruism seems an inanity. The mother has the guardianship precisely because the severely disabled man has only child-like capacity.

But there will be political pressure on whoever has to make the ruling. I wonder if that in itself might influence the choice of judge.

Edit. The case was ruled on before, against the mother but the man’s GP refused to provide the jabs, citing insurance reasons. It’s back now because they have found a doctor willing to jab the man against the mother’s wishes. It will be ruled on again by the same judge - seems odd, but it’s probably because it’s a continuation rather than fresh legal proceedings.
ED

29/1/24 Local Authority Takes Mother to Court for Refusing to Vaccinate Severely Disabled Son

Appeal will set a precedent over whether the state or parents should decide whether an adult child is vaccinated when they are unable to speak for themselves.

The Royal Courts of Justice building, which houses the High Court of England and Wales, is pictured in London on Feb. 3, 2017. (Daniel Leal/AFP)

By Rachel Roberts

A legal battle will return to the high court after two judges ruled a 23-year-old mentally disabled man should be given the COVID-19 vaccines in spite of his mother’s wishes and a specialist report warning the jab could cause him serious harm.

The case will set a legal precedent in the matter of who decides whether adult children who cannot consent should receive state-sanctioned treatment where the parents do not want them to, with the judge who made the initial order calling it “an ethical dilemma in an untested area.”

The unnamed mother has put out anonymous videos giving her son’s first name as “Tom” in a bid to raise funds to pay her legal costs.

The woman does not want her son to have the mRNA jabs, and a world-leading medical expert has stated that Tom could be at serious risk from the vaccines because of his chromosomal abnormality and his heart condition.

Despite this, two judges separately ruled that Tom should be jabbed and issued court orders in favour of the local authority, who initiated the action against the mother.

The local authority is not named in the court documents and Tom is referred to only as “TN” while his mother is referred to as “RN” with the family described as being from the north-west of England.

Rare Chromosomal Abnormality

Tom was born with a rare chromosomal abnormality known as Trisomy 13, which caused him to have severe learning difficulties and no speech. He was born with a cleft palate and congenital heart disease, which he had major surgery for.

Related Stories

Subclinical Heart Damage More Prevalent Than Thought After Moderna Vaccination: Study

7/26/2023

NHS Strategy Aims to Persuade ‘Vaccine Hesitant’ at Parents’ Evenings

12/14/2023

“He was one when he had his heart surgery. I just kissed him on the forehead and said I will always protect you. And this is what I feel I’m doing at the moment,” Tom’s mother said in a video interview.

“It’s just like having a baby, he is a baby, he has a very young mental age. But he’s in a grown man’s body.”

Tom’s mother is a single parent and has always looked after her son full-time, receiving some help with his care from the local authority.

She said: “They (the local authority representatives) suddenly appeared after the lockdowns. They said, we’ve come to just have a check-up—but it was an unusual visit. And the doctor approached me again and said, ‘Can you tell me again, why is it you don’t want to have the vaccine?’

“It was just after I’d spoken to the doctor I got a big envelope through the post and (they were) taking me to court. I just couldn’t believe it.”

Tom’s mother sought the opinion of a specialist in Tom’s condition, Trisomy-13, finding Professor Martin McCaffrey in the United States, who said that Tom would be at “significant risk” of having an adverse reaction to the jabs because of his body’s inability to process RNA in the same way as most people due to his chromosomal abnormality.

Mr. McCaffrey said that Tom was at further risk because of his heart disease and previous surgery—and that based on the principle of “first do no harm”, it would be unethical for him to be given the jabs.

The first hearing took place in a Manchester court in Sept. 2022 where judge Mr. Justice Burrows ruled that Tom should receive the recommended course of vaccinations despite the warnings of the specialist and his mother’s objections.

Mr. Justice Burrows said he could not know for sure how Tom would act if he had mental capacity, but although he would likely have been influenced by his mother, in his opinion, he might also have “been a responsible citizen” and taken the vaccine to protect others.”

“One further factor relevant to the best interests of RN is whether he may have made an altruistic decision— i.e. to receive the vaccine to protect the community at large, or in a narrower way, such as his family.

“This is a particularly important subject when considering the administration of a vaccine designed to prevent the spread, or at least the rapid spread of a virus. In other words: might RN have behaved like a responsible citizen and considered the effect of his decision on other people had he made the decision for himself?”

The Precautionary Principle

Representing Tom’s mother, barrister Francis Hoar argued that the precautionary principle should be applied when assessing the risks and possible benefits of the vaccines because the technology was new and the medium to long-term risks could not be known.

Tom’s mother gave evidence in person and submitted around 500 pages of articles and reports on possible vaccine side effects and natural immunity—but the judge said the role of the court was not to determine whether or not the vaccines are safe and effective but to apply the guidance of the government’s green book on immunisation.

Two doctors, including a GP and a cardiologist, gave evidence stating it was in Tom’s best interests to have the jabs as he is considered more “vulnerable” to the effects of COVID-19—despite the fact he had already had the virus without serious consequences, as proven by the presence of antibodies in his blood.

An order was made in favour of the NHS Integrated Care Board, but after reading the specialist’s report, Tom’s GP refused to give him the jabs, with the head pharmacist of the local vaccination centre also declining because of concerns over their insurance liability.

Mr. Justice Haydon upheld Mr. Justice Burrows’s decision at a high court appeal in Dec. 2022. Barrister Paul Diamond argued that Tom’s mother should have full and continuing parental rights because Tom lacks “Gillick’s competence” needed to consent to medical decisions.

Mr. Justice Haydon said that Tom should not be treated as if he were a child and therefore subject to parental rights—despite the fact he has a mental age of around 18 months, takes pleasure in being shown story books about animals and could never look after himself.

‘A Subversion of Adult Autonomy’

“An adult who lacks capacity is not and should never be treated as a child. That paternalistic approach has long ago been consigned to history and recognised for what it is, a subversion of adult autonomy,” the judgement ruled.

The judge paid tribute to the “sincerity” of Tom’s mother’s beliefs, and to the devoted care she has given to her son, but ruled that, “Children are not chattels of parents. Our domestic law emphasises responsibilities rather than rights.”

Several months after the high court decision, Tom’s mother again heard from the local authority’s solicitor, who told her they had found a doctor who was willing to administer the jabs.

She was given a list of dates to choose from for her son to receive the first injection but refused to make an appointment.

“They expect me to walk my son into a room knowing that something will be injected into him that potentially could harm him or kill him. To be honest, I just find it so cruel, what they’re doing,” she said.

“She (the local authority solicitor) informed me there’d be two people in the room, and that I could attend, but if I showed any sort of resistance then they would ask me to leave the room.”

“I don’t understand why she feels he has to have it, especially as he has already had COVID-19—more than once—he has natural immunity.”

Thanking her supporters for messages and donations, she said: “I have to stay strong. We’re a unit and I love him with all my heart. And I’m everything to him as well. He knows when I’m upset. He puts his arms around me and he kisses me all the time.”

The case will now go back to the high court and will again be heard by Mr. Justice Burrows.

The grounds for the latest appeal include that the two judges at the court of protection failed to uphold common law parental rights as well as Article 8 rights of a mother in relation to a non-Gillick competent adult child.

3 Likes

Interesting case. Right at the foot of the Epoch Times it says “The grounds for the latest appeal include that the two judges at the court of protection (CoP) failed to uphold common law parental rights as well as Article 8 rights of a mother in relation to a non-Gillick competent adult child.”

I don’t think those are valid arguments for a CoP case. I researched the topic quite closely some years back (and wrote a chapter for a guidance manual on the subject). The CoP is something of a vacuum, and has to be. Essentially the Court itself is the guardian of the person without capacity. So they decide what is in the interests of the (son, in this case) and can empower a third party (Social Services most likely) to ensure that their decision is upheld. Ultimately that decision will be binding and I am doubtful that Francis Soar is going to win the Appeal.

If the family’s funds can last that long the issue could take some months or years to finalise. The argument that the incapacitated person could be ‘altruistic’ is solid-gold bullshit. If that were the case he would not need the CoP.

3 Likes

Interesting response thanks @KarenEliot.

Last time round the judge said this about the role of the court:

“Tom’s mother gave evidence in person and submitted around 500 pages of articles and reports on possible vaccine side effects and natural immunity—but the judge said the role of the court was not to determine whether or not the vaccines are safe and effective but to apply the guidance of the government’s green book on immunisation.”

This seems to make a mockery of the idea that the best interests of the person are the deciding factor. You can’t evaluate that while at the same the ruling that 500 pages of evidence supported by doctors is irrelevant.

Is the statement even right?

“…the role of the court was not to determine whether or not the vaccines are safe and effective but to apply the guidance of the government’s green book on immunisation.”

This doesn’t distinguish between an ordinary child and a severely disabled adult whose parent has power of attorney. But this is ‘green book’ on immunisation is not applied to an ordinary child, or vaccines would be compulsory for children.

As an aside, call me picky…but re ‘immunisation’, it is now known even to vaccine experts that the vaccines do not make ANYONE immune…why would this not be relevant?
Of course it was also known the December before last, but less widely acknowledged.

Is the answer because it’s a court and they don’t wan’t to be seen to trip the government up.

I expect one way or another the mother will lose, as courts seem to have the choice of competing principles. Or I’m biased. (Or both)
Cheers

3 Likes

Hi @Evvy_dense, thanks for this we need to be reminded that power is still making lives miserable for the innocents.

Just remind me - what is the recognised risk of harm from “covid” for any 23 year old and is there any unbiased evidence anywhere for proof that “covid” can be transmitted!
The Rule of Claw is particularly vicious where control is imposed on the defenceless.

cheers

1 Like

Hi @KarenEliot , interesting analysis . I haven’t looked into this but normally any court’s primary duty is to protect minors or persons of limited capacity. I fail to see how obeying Central Government diktats is fulfilling that duty - it is clearly applying a general guideline where in fact they need to apply a judgement of the facts applying to the specifics of the case of the 23 year old before them. The judges are in fact in dereliction of their duties by failing to examine expert evidence concerning the impact of experimental therapies on their ward. As usual bureaucracy bubbles protect themselves with regulations rather than anyone under their care!

cheers

1 Like

Yes this aspect seems invisible to people professionally on the government’s side.
The message itself is rather brutal - (i) no one shall be allowed to escape the law, and (ii) the law shall be pushed and shoved from all directions until victory is achieved by weight of people trading in their true credibility by ignoring a damning list of issues that contradict their stance either medically or legally.
Part (iii) is that the amount of - as you say - misery inflicted as people rally to try to protect their wards is not even a factor to be considered.
The fact that every Dr that was asked to give the jab declined, until one was found that had no humanity of his own, shows the divide between human and so-claimed professional very clearly.

1 Like

I’d be genuinely thrilled if her case succeeds because it would, by implication, undermine the “safe and effective” mantra. That is exactly why it will not succeed, at a political level.

An ineffective vaccine and a vaccine that poses risk of harm are two different things. The family, plus well-rewarded barrister, are arguing that the risk of significant harm is higher than the risk of catching covid and falling seriously ill (or transmitting it). Unless and until the official guidance says otherwise, the CoP is obligated to place the Court’s trust in that.

If the Protected person had Covid already and could demonstrate immunity that would be interesting but I’m guessing that’s not the case.

Francis Soar will still get paid.

Were the doctors who were asked to give the jab a pre-selected sample of vaccine skeptics by any chance?