Vaccination at the Court of Appeal

The case concerns a local authority’s powers under s 33(3) of the Children Act 1989 to consent to vaccination for children subject to care orders. The parents did not register their newborn son’s birth and later decided against him getting vaccinated. Tower Hamlets council arranged, as the boy’s ‘institutional parent’ for him to be vaccinated. Mr Justice Hayden found in favour of the council, in London Borough of Tower Hamlets v F, M and T (a child) [2020] EWHC 220 (Fam).

Barrister Chris Barnes, of 4PB, who is representing Tower Hamlets in the appeal, said: ‘This is an important opportunity for the Court of Appeal to consider vaccination and the ambit of a local authority’s power to consent to vaccination for children in their care.

‘In light of the clear scientific consensus on the safety and efficacy of vaccination it will be interesting to see whether the Court of Appeal considers that vaccination remains a sufficiently “grave” question now, in 2020, to require court oversight where parents object, which can place significant burdens on local authorities right across the country.

‘The appeal could not be more timely in light of falling rates of vaccination, the rise of the “anti-vax” movement, and, of course, the current global health emergency. Whatever the Court decides it will lay down an important marker on an issue that generates considerable public debate.’