As we have set out in previous alerts, from 11 November, COVID-19 vaccination is mandatory for staff working or volunteering in a CQC-registered care home in England who provide direct treatment or personal care unless they are medically exempt. However, we have been awaiting clarification of how such workers prove that they are exempt. There have been two developments this month:
- Firstly, on 15 September, Claire Armstrong, Director of Adult Social Care delivery at the Department of Health and Social Care (DHSC) wrote to all care home providers and managers telling them that from that day people working or volunteering in care homes who have a medical reason why they are unable to have a COVID-19 vaccine will be able to self-certify that they met the medical exception criteria using the forms attached to the letter. The letter also stated that this self-certification is temporary and once the NHS COVID Pass system is launched, care home workers will need to apply for a formal medical exemption through that process. This temporary self-certification will expire 12 weeks after the NHS COVID Pass system is launched.
- On 1 October DHSC published guidance for individuals who wish to obtain official proof that they are unable to get vaccinated against COVID-19. The DHSC has said that individuals can apply for proof of the medical reason for which they cannot be vaccinated, which will then allow them to use the NHS COVID Pass wherever necessary within England.
In order to apply for a NHS COVID Pass an individual will need to:
- telephone the NHS COVID Pass service on 119.
- an application form will be sent to applicants by post.
- the form must be returned to the GP or clinician stated on the form.
- the result will be communicated by post; applicants will then be able to use the NHS COVID Pass.
The possible reasons for exemptions are limited. Examples listed that might be reasons for a medical exemption are:
- people receiving end of life care where vaccination is not in the person’s best interests.
- people with learning disabilities or autistic individuals, or people with a combination of impairments where vaccination cannot be provided through reasonable adjustments.a person with severe allergies to all currently available vaccines.
- those who have had an adverse reaction to the first dose (for example, myocarditis).
Short-term exemptions will also be available for those with short-term medical conditions and as an option that some pregnant women may choose to take. Exemptions for pregnant women will expire 16 weeks post-partum, in order to allow them to become fully vaccinated after birth. Pregnant women can alternatively use MAT B1 certificates to show their COVID status, if they choose to use a medical exemption.
Link to guidance: https://www.gov.uk/guidance/covid-19-medical-exemptions-proving-you-are-unable-to-get-vaccinated
What does this mean for employers?
Although employers can accept the self-certification forms as an indication of medical exemption until 23 December (12 weeks post launch of the NHS COVID Pass on 1 October), the self-certification scheme was only ever intended to be temporary. Now the NHS COVID Pass system is live employers should encourage any relevant employees to apply for the Pass so there is certainty for both parties.
