Freedom of Information Team
Department of Health and Social Care
39 Victoria Street
London SW1H 0EU
www.gov.uk/dhsc
Cathy Fox
By email to:
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
10 March 2022
Dear Cathy Fox,
Freedom of Information Request Reference FOI-1395804
Thank you for your request dated 26 February, in which you asked the Department of
Health and Social Care (DHSC):
“Dear Department of Health and Social Care,
Thankyou for your reply. As i understand it is was Sajid Javid, the Secretary of State for
the department for Health and Social Care, who said there was a professional duty to get
vaccinated.
It would be surprising therefore if the very department he headed had no evidence
whatsoever of the very professional duty that the Political Head of the Department had
made a statement about. Indeed i would thin it was the duty of the department to have
information on this subject.
I further ask for any press lines to take that were prepared for questioning on this subject.
Yours faithfully,
Cathy Fox”
Your request has been handled under the Freedom of Information Act 2000 (FOIA).
DHSC holds information relevant to your request. As the information held by the
Department is in the public domain we will, under Section 21 of the FOIA (information
accessible to the applicant by other means), refer you to the published sources.
In verifying the statement made by the Secretary of State we would direct you to readily
accessible information in the public domain, including statements made by the General
Medical Council (GMC) relating to professional responsibility for vaccination against
COVID-19. The GMC guidanc
e Good Medical Practice, published in 2013 and last
updated in 2019, sets out the professional responsibilities of staff to get vaccinated. This
states that workers “should be immunised against common serious communicable
diseases (unless otherwise contraindicated).”
This is also addressed by the GMC in their
COVID-19 Q&A webpage:
“In our guidance Good medical practice (2013), we say that doctors should be
immunised against common serious communicable diseases unless doing so is
contraindicated.
In our view, the potential risk to a doctors’ own health as well as the risk of
inadvertently spreading COVID-19 to vulnerable patients weighs in favour of
doctors being vaccinated. And reducing the number of staff who are sick or in self-
isolation due to COVID-19 infection has a positive impact on workforce capacity to
respond to patient need and wider health service demands.
However we recognise that vaccination is not possible in all cases. If you are not
vaccinated, you need to be confident that there are measures in place where you
work to manage any risk to patients and colleagues. You will need to take
appropriate steps to reduce risks and prioritise patient safety.”
Together with the Academy of Medical Royal Colleges, the GMC further iss
ued a
statement following the government announcement to remove regulations:
“We note the Government is consulting on revoking the regulations that make
vaccination against COVID-19 a condition of deployment for health and social care
workers in England, based on the latest emerging evidence. The GMC has
reviewed and updated its advice for doctors on vaccinations accordingly.
While the GMC does not consider that solely turning down vaccination would in
itself form the basis of a fitness to practise referral, doctors have a professional duty
to protect patients from risks posed by their health, and to be immunised against
common serious communicable diseases, unless contraindicated.
The GMC and the Academy of Medical Royal Colleges have consistently made
clear that in the case of COVID-19, the potential risk to a doctors’ own health as
well the risk of inadvertently spreading the virus to vulnerable patients weighs very
strongly in favour of doctors being vaccinated. Reducing the number of staff
members who are sick or in self-isolation also has a positive impact on workforce
capacity to respond to patient need and wider health service demands.
Being a good doctor means more than simply being a good clinician. Doctors can
provide leadership to their colleagues and vision for the organisations in which they
work and for the profession as a whole.
Whether or not vaccination is required as a condition of deployment, it continues to
be one of the most effective ways to protect patients, staff and the health service
itself. Over 95% of doctors have already received at least two vaccinations, with the
majority of these having also been boosted. We strongly encourage those who
haven’t yet taken up the full course of vaccination to do so.”
The Health and Care Professions Council are the regulators for 15 professions across the
health and social care sectors. They have publish
ed a statement on COVID-19
vaccination:
“The government has announced that it will bring in regulations to revoke
vaccination as a condition of deployment. The regulations come into force on 15
March.
Since the start of the COVID-19 vaccine roll-out, the HCPC has strongly
encouraged all our registrants to take up the vaccine, if they are able to do so.
We have a number of Standards in place that are relevant in the context of COVID-
19 vaccination. These Standards reinforce the personal professional responsibility
for ensuring the safe delivery of care and a safe working environment for
colleagues. Our Standards of Proficiency set out the need for registrants to
establish and maintain a safe practice environment; to maintain the safety of both
service users and those involved in their care; and to select appropriate personal
protective equipment and use it correctly.
Our Standards for Conduct Performance and Ethics require our registrants to take
all reasonable steps to reduce the risk of harm to service users, carers and
colleagues and not do anything, or allow someone else to do anything, which could
put the health or safety of a service user, carer, or colleague at unacceptable risk.
The HCPC does not set specific requirements for registrants to have particular
vaccinations. This is because such requirements can depend on a number of
different factors including the specific professional context in which registrants are
working, the particular role they play, the service users they support and any
relevant individual health matters. Such requirements are normally determined by
local policies set by employers.
While the HCPC does not set specific requirements for registrants to be vaccinated,
registrants have personal professional responsibility towards patients and the wider
public. Covid-19 vaccination protects patients and the public, as well as registrants
and their colleagues. All registrants should ensure that they meet their HCPC
Standards at all times and follow local policies in place as set out by their
employer.”
The Nursing and Midwifery Council have similarly publis
hed a statement:
"We are incredibly proud of how nursing and midwifery professionals have
responded to the pandemic – not only caring for people with Covid-19 and those
with other needs but also vaccinating millions of people across the UK.
"Since the Covid-19 vaccine rollout started, the NMC has strongly encouraged
anyone eligible - including all professionals on our register - to be fully vaccinated
as quickly as possible. There is a global scientific consensus, supported by our
own medicines regulator in the UK, on the importance and value of full vaccination
against Covid-19 and the benefits for people receiving care, vaccinated individuals
themselves, their families, communities and the wider health and social care
system.
"Our Code and our standards have always made clear that professionals have a
responsibility to maintain their own level of health, taking all reasonable personal
precautions to avoid potential health risks to colleagues and people receiving care.
They also need to practise in line with the best available evidence, take appropriate
steps to reduce risks and prioritise the safety of people in their care. They must
work cooperatively, respecting others' views and opinions and behaving in a
professional way at all times.
"That’s why we continue to encourage nursing and midwifery professionals to be
vaccinated against Covid-19. We’re glad that the vast majority of nurses, midwives
and nursing associates already are.
"Any professional with concerns about vaccination should seek advice and support,
for example from their GP, occupational health team, employer or trade
union. Employers should work collaboratively with professionals who are seeking
more information or support around vaccination. We do not consider that solely
turning down Covid-19 vaccinations is a basis for a Fitness to Practise referral.
"We continue to strongly encourage all professionals to take up the offer of
vaccination. It is the best way to protect themselves, their families, colleagues and,
of course, everyone receiving care."
A press release announcing the Government’s intention to revoke VCOD in health and
social care settings, subject to public consultation and Parliamentary approval, was
published on 31 January 2022.
A further press release was published on 1 March 2022
following the government response to this consultation. Both press releases set out the
professional responsibility for those working in health and social settings to be vaccinated.
Alongside this, the following lines to take were prepared on the topic of professional
regulation and worker’s responsibility to be vaccinated:
Professional Regulation:
What do the professional regulators currently require from health
professionals on covid vaccination?
•
The current guidance from the regulators is that professionals should
be vaccinated for communicable diseases, including covid. Where
they are not vaccinated for reasons of legitimate exemption, they are
advised that they should take steps to protect patients accordingly.
What are you asking them to do today?
•
Given the particular impact of covid on individuals, professionals, the
NHS and wider society; the strong scientific and professional
consensus in support of vaccination; and the strong sense of personal
professional obligation that the overwhelming majority of health
professionals feel in regard to covid vaccination, I have written to the
regulators today to ask them to review their guidance with other
professional leaders in the UK to satisfy themselves that the current
guidance gives a sufficiently strong leadership message to those who
are not yet vaccinated.
Are you asking them to strike off professionals who refuse to be vaccinated?
•
No, we are asking them to ensure that their guidance fully reflects the
strong professional consensus about vaccination of healthcare staff.
The Chief Medical Officer’s view is similarly that there is a professional responsibility for
health and care workers to be vaccinated against Covid-19, as has been widely reported.
He has laid this out in a letter sent to the sector also signed by other senior medical and
professional officers.
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Yours sincerely,
Freedom of Information Officer
xxxxxxxxxxxxxxxxxxxx@xxxx.xxx.xx