H (A Child Parental Responsibility : Vaccination) [2020] EWCA Civ 664 (22 May 2020)

H (A Child Parental Responsibility : Vaccination) [2020] EWCA Civ 664 (22 May 2020)

A local authority with a care order may consent to and arrange for the routine vaccination of a child in its care under s.33(3) Children Act 1989, notwithstanding parental objection, provided it is in the child's best interests and there are no specific contraindications. Routine vaccination is not 'serious medical treatment' requiring court approval. Applications to the High Court's inherent jurisdiction are not required for routine vaccinations unless there are exceptional circumstances.

Citation
[2020] EWCA Civ 664
Parties
1st Respondent Local Authority: London Borough of Tower Hamlets; 1st Appellant: M (Mother); 2nd Appellant: F (Father); Subject Child: T (A Child); 2nd Respondent: Child's Guardian
Jurisdiction
England and Wales
Judgment Date
22 May 2020
Procedural Posture
Appeal (family Law Public Law) / Court of Appeal Judgment on Appeal From High Court (family Division)
Outcome
Appeal dismissed (insofar as the procedural route is concerned); the local authority may consent to vaccination under s.33(3) Children Act 1989.
Legal Topics
Parental Responsibility, Vaccination of Children, Care Orders, Inherent Jurisdiction, Medical Consent, Children Act 1989
Family Law Public Law Child Law Parental Responsibility Vaccination of Children Care Orders Inherent Jurisdiction Medical Consent +1 more

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Parties

London Borough of Tower Hamlets

1st Respondent Local Authority

M (Mother)

1st Appellant

F (Father)

2nd Appellant

T (A Child)

Subject Child

Child's Guardian

2nd Respondent

Procedural Posture

Appeal (family Law Public Law) / Court of Appeal Judgment on Appeal From High Court (family Division)

Legal Issues

  1. 1 Whether a local authority with a care order can consent to routine vaccination of a child in care under s.33(3) Children Act 1989 despite parental objection, or whether an application to the High Court's inherent jurisdiction is required;
  2. 2 Whether vaccination is 'serious medical treatment' requiring court approval;
  3. 3 Whether routine vaccination is a matter of such gravity that it should not be determined by a local authority alone.

Ratio Decidendi

A local authority with a care order may consent to and arrange for the routine vaccination of a child in its care under s.33(3) Children Act 1989, notwithstanding parental objection, provided it is in the child's best interests and there are no specific contraindications. Routine vaccination is not 'serious medical treatment' requiring court approval. Applications to the High Court's inherent jurisdiction are not required for routine vaccinations unless there are exceptional circumstances.

Court Disposition

Appeal dismissed (insofar as the procedural route is concerned); the local authority may consent to vaccination under s.33(3) Children Act 1989.

Orders

  • Declaration that the local authority has lawful authority under s.33(3) Children Act 1989 to consent to and arrange vaccination of T notwithstanding parental objections.
  • Vaccination of T to proceed in accordance with Public Health England guidance and Dr Douglas's recommendations.