I discuss the legalities re the injections, masks and testing and using isolation measures to manage the spread of a pathogen with the indomitable AJ Roberts in the The AJ Roberts Show last night.
Also on the show was Simone Plaut – Health & Safety at Work expert who also provided her expert evidence on the harms of mask wearing to the court in the recent court case against a school.
Individual risk assessments of the clinical risks to the individual of any medical device or procedure or treatment or isolation methods being used in the work place or school or hospital etc – are a legal DUTY under the Management of Health & Safety at Work Regulations 1999, regulation 3:
This means that the employer/school/hospital/GP surgery/shops/venues etc MUST provide the individual with an individual risk assessment of their individual risk of harm from being mandated to wear a medical device (ie a face mask), to be tested with a medical device (ie. a PCR/lateral flow etc testing kit) or to be injected with a drug/medicine/gene treatment/chemicals/pathogens etc or being isolated from others.
The Occupational Health Team of each organisation MUST be tasked with providing the individual with such an individual risk assessment under regulation 3, cited above.
See also the judgment in the case of The Queen v St George’s Healthcare NHS Trust (1998) in which the Court of Appeal sets out their Guidelines which applies to “any cases involving capacity to provide informed consent] [when… invasive treatment may be needed by a patient..”:
See also the judgment in the case of RT and LT v A Local Authority (2010) EWHC 1910 (Fam) at paragraph 40.
This states that a person is not able to provide their informed consent to be masked/tested/injected/isolated etc if he/she is “unable to make a decision for himself” as defined under the Mental Capacity Act 2005 ie he/she is “unable to think for himself” if she/he is unable to:
a. Understand the information relevant to the decision
b. To retain that information
c. To use or weigh that information as part of the process of making the decision or
d. To communicate his decision whether by talking, using sign language or any other means (the so called “functional test”).
An inability to undertake any one of these four aspects of the decision making process set out in s3(1) of the 2005 Mental Capacity Act 2005 will be sufficient for a finding of incapacity, provided the inability is because of an impairment of, or a disturbance in the functioning of, the mind or brain.
Please read the judgment in the UK Supreme Court case of Montgomery v Lanarkshire Health Board (2015). This states that the individual MUST be informed of the material risks of the medical intervention:
in which Lady Hale states:
“…it could now be stated “with a reasonable degree of confidence” that the need for informed consent is firmly part of the English law.”
Lady Hale also stated:
“It is now well recognised that the interest which the law of negligence protects is a person’s interest in their own physical and psychiatric integrity, an important feature of which is their autonomy, their freedom to decide what shall and shall not be put in their body.”
Please also all read the case of Bell v Tavistock NHS Trust judgment of December 2020.
This latest court decision is binding on the NHS and doctors and nurses and clinicians etc.
The Court clearly stated that a child under the age of 18 CANNOT provide their informed consent to be treated with an experimental drug with no long term safety data and no data on long term consequences such as fertility and sterility and long term side effects or disability risks or risk of death.
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