Consultation on removing vaccination as a condition of deployment for health and social care staff

Date published: 04 February 2022


Regulations making vaccines a condition of deployment for health and social care staff are set to be revoked, subject to public consultation and parliamentary approval, the Health and Social Care Secretary has announced.

When vaccination as a condition of deployment was introduced, Delta was the dominant variant representing 99% of cases. Omicron has now replaced Delta as the dominant variant at 96% of cases.

The latest evidence suggests the risk of presentation to emergency care or hospital admission is approximately half of that for Delta.

Since the consultation on health and wider social care staff was announced in September, more than 127,000 NHS staff came forward for a vaccine and 95% have now had at least one dose.

After the consultation on vaccines as a condition of deployment was launched and regulations laid uptake among care home staff rose from 77% to 94.5%.

Due to the success of the booster programme and lower levels of hospitalisations and deaths from Covid, the government has re-examined the policy as it considers how best to achieve public health and safety with the minimum number of restrictions or requirements on people’s lives.

Speaking to parliament, Sajid Javid said: "In December, I argued – and this House overwhelmingly agreed – that the weight of clinical evidence in favour of vaccination as a condition of deployment outweighed the risks to the workforce.

"It was the right policy at the time – supported by the clinical evidence – and the government makes no apology for it.

"It has also proven to be the right policy in retrospect – given the severity of Delta.

"While vaccination remains our very best line of defence against Covid-19, I believe it is no longer proportionate to require vaccination as a condition of deployment through statute.

"I am announcing that we will launch a consultation on ending vaccination as a condition of deployment in health and all social care settings.

"Subject to the responses – and the will of this house – the government will revoke the regulations."

While the legal requirement on deployment is set to be revoked, those working in health and social care still currently have a professional duty to get vaccinated.

The government will work closely with Royal Colleges and professional regulators to strengthen guidance, and consult on updates to the Department of Health and Social Care’s Code of Practice for regulated providers to strengthen the requirements in relation to Covid-19, which applies to all CQC registered providers of all health and social care in England.

These changes will be subject to a period of consultation, parliamentary approval and will require a change to the regulations already laid.

Care England, the largest and most diverse representative body for independent providers of adult social care, has criticised the government for its handling of mandatory vaccination in health and social care.

Professor Martin Green OBE, Chief Executive of Care England, said: "This policy was imposed upon the care home sector without due consideration or support.

"Sadly, it has had unintended consequences with staff leaving the sector, some to the NHS, thus exacerbating the pre-existing recruitment and retention challenges leading to disruption to the delivery of health and care services."

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