• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • Bedfordshire
  • Milton Keynes
  • Northamptonshire
  • Awards
  • Knowledge Hub
  • Contact Us
  • About Us
    • Sustainability
    • The Podcast
    • ATB TV
All Things Business

All Things Business

First For Local UK Business News

  • Education
  • Professional Services
    • Legal
    • Finance
    • Recruitment & HR
    • Creative Marketing
  • Property
  • Environment
    • Wellbeing
  • Industry
    • Industry
    • Manufacturing
    • Motors
    • Logistics
    • Technology
  • Events
    • Events
    • Food & Drink
    • Sport
  • News

The court’s approach to children and the vaccination programme

Legal | May 3, 2022

bastian lloyd morris vaccinate children

The choice to get the COVID-19 vaccine has been a widely disputed topic amongst adults, but with the introduction of the vaccine for children, this creates new, uncharted territory for parents, and others with parental responsibility, to navigate. At the time of writing, everyone aged 12 and over, and some children aged five to 11, can get a first and second dose of the vaccine. Some children aged 12 to 15, are also eligible for a booster dose.

Family lawyers across the country had been eagerly awaiting the first contested COVID-19 vaccination for children case to come before a Senior Court. In November 2021, the High Court was called upon to adjudicate, following a disagreement between the local authority and parents as to whether a 12-year-old child should be vaccinated against COVID-19. The mother vehemently opposed her son receiving the vaccination.

In respect of all children under a Care Order or an Interim Care Order, a local authority is allowed to present the child for vaccination, whether or not a parent objects, subject to a) there being an ongoing national programme approved by the UK Health Security Agency; b) there being some prior consultation with the parent, and c) the local authority, in its capacity as a ‘corporate parent’,  is satisfied that the vaccination is necessary to safeguard or promote the welfare of the child. The advent of the COVID-19 pandemic, however, presented a delicate ‘grey area’ for the local authority, which subsequently sought judicial intervention

The court held that whilst administration of any vaccination is not free from risk of harm, not administering the vaccine also poses a risk of harm to a child. The court granted permission for the local authority to proceed with arranging the child’s COVID-19 vaccinations, subject to the test set out above being met. 

For the avoidance of doubt, the court made it clear that in the great majority of cases involving ‘looked after’ children, no court application will need to be made by the local authority, in respect of decisions to proceed with COVID-19 vaccinations, even when there is parental objection. The court was, however, cautious to warn that the legislation does not give a local authority a blanket power to proceed to arrange and consent to vaccinations in every case, and for every child. 

Of course, if the child has an underlying condition which may generate an adverse reaction to the vaccine, this is a significant consideration for the local authority given their welfare obligations towards the child – this would make any decision to vaccinate the child ‘grave’, and might even trigger an application by the local authority, the guardian or the parents, to the court.

So, what is the position if the dispute is between parents, rather than with the local authority? At the time of writing, there is no recorded judicial decision in the private children arena, however when looking at previous cases based on other vaccinations, the court is clear that where parents are in a dispute about the immunisation or vaccination of a child, neither parent has the right to make a unilateral decision, despite holding parental responsibility. Instead, an application for a Specific Issues Order should be made to the court, but only when all other attempts to reach an agreement have been exhausted.

For more information on this topic, contact Bastian Lloyd Morris on 01908 546580 or visit www.blmsolicitors.co.uk

Milton Keynes

Related stories

  • MK Gateway Milton Keynes
    May 10, 2022

    Taking centre stage at real estate forum

    On 17-19 May, the Socius team will join over 4,000 attendees in Leeds for the annual UKREiiF event, which connects people, places…
  • Hospital invests in campaign to attract healthcare talent Milton Keynes
    May 9, 2022

    Hospital invests in campaign to attract healthcare talent

    Milton Keynes University Hospital (MKUH) is set to kickstart an ambitious new project to attract the best talent healthcare has to offer…
  • MKBAA Milton Keynes
    May 6, 2022

    All set to go again following huge success of awards

    Following the huge success of MKBAA 2022, which saw a packed Stadium MK ballroom celebrate the outstanding achievements of a wide variety…

Primary Sidebar

Stay up to date on All Things Business

Subscribe to our monthly newsletter to receive the latest business news.

Online Edition

Northamptonshire edition, click here
Milton Keynes edition, click here
Bedfordshire edition, click here

Most Read

  • MHA MacIntyre Hudson New Partners join MHA MacIntyre Hudson central region team
  • beyond theory Look after your people and they will take care of your business
  • Howes Percival How to win friends and influence customers
  • actor, comedian and TV presenter, Paddy McGuinness. Comedy star announced as awards presenter
  • The Falcon Hotel takes flight in a whole new direction

Footer

REGIONS

Northamptonshire
Milton Keynes
Bedfordshire
 

COMPANY

About Us
Contact
Awards
Podcast
Knowledge Hub
Sustainability
Request A Copy

Northamptonshire Office

1 Queensbridge, Northampton
NN4 7BF
Tel: 01604 267677

Milton Keynes and Bedfordshire Office

The Pinnacle, 170 Midsummer Boulevard, Milton Keynes,
MK9 1BP
Tel: 01908 030688

London Office

25 Bedford Square
London
WC1B 3HH
Tel: 0208 1760176

Follow us on

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter

All Things Business is a publication produced by All Things Management Ltd. Registered in England No. 9590677


Privacy Policy