Law firm sends letter before claim to Health Secretary over vaccine access of individuals with learning disabilities

A letter before claim was last week sent to the Secretary of State for Health, Matt Hancock, calling for individuals with learning disabilities to be granted priority access to the Covid-19 vaccine on an equal basis with other highly vulnerable adults.

Law firm Bindmans said the move followed a report from Public Health England last month which found that individuals with learning disabilities were three to six times’ more likely to die from Covid-19 than the general population, during the first wave of the pandemic.

The claim is being brought by Y, who is 19. Bindmans said that for individuals like him, the death rate “rises to a shocking 30 times higher than the general population within the same age range”.

In the letter the law firm calls on the Secretary of State to recognise that those with learning disabilities are extremely clinically vulnerable to complications from Covid-19, and should be prioritised accordingly for access to the vaccine.

“Those who reside within care settings, such as Y, are particularly prone to contracting the virus due to the congregate nature of such settings and practical difficulties with social distancing. To date, no priority has been given to those residing in care settings other than care homes for older adults,” Bindmans said.

The legal challenge is supported by the Access Social Care charity. Y is represented by Elizabeth Cleaver of Bindmans’ Public Law Team and Steve Broach of 39 Essex Chambers.