header-logo header-logo

26 May 2020
Issue: 7888 / Categories: Legal News , Family , Child law
printer mail-detail

Anti-vaccination parents lose consent dispute

Local authorities have the power to arrange routine vaccinations for healthy children in their care despite the parents’ opposition, the Court of Appeal has held

In Re H (A Child)(Parental Responsibility: Vaccination) [2020] EWCA Civ 664, the child was in the care of Tower Hamlets council. The parents, who opposed the vaccination, also declined to register the birth and have several other children who have also been removed into care, following findings of violence, neglect and that they have a chaotic lifestyle. 

Lady Justice King framed the question facing the court as ‘whether the routine vaccination of healthy children in care is a matter which a local authority can properly consent to and arrange pursuant to its powers under s 33 of the Children Act 1989 or whether, where a parent opposes it, the issue is of such magnitude, seriousness or gravity that it necessitates an application to the High Court for leave to invoke its inherent jurisdiction’.

Dismissing the parents’ appeal, King LJ said: ‘The administration of standard or routine vaccinations cannot be regarded as being a “serious” or “grave” matter.

‘Except where there are significant features which suggest that, unusually, it may not be in the best interests of a child to be vaccinated, it is neither necessary nor appropriate for a local authority to refer the matter to the High Court in every case where a parent opposes the proposed vaccination of their child.

‘To do so involves the expenditure of scarce time and resources by the local authority, the unnecessary instruction of expert medical evidence and the use of High Court time which could be better spent dealing with one of the urgent and serious matters which are always awaiting determination in the Family Division.’

Issue: 7888 / Categories: Legal News , Family , Child law
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll