H (A Child Parental Responsibility : Vaccination)

H (A Child Parental Responsibility : Vaccination)

A local authority holding a care order has lawful authority under s.33(3)(b) Children Act 1989 to consent to and arrange routine vaccinations for a child in its care, even if the parents object, provided it is in the child's best interests. Routine vaccination is not a grave or serious matter requiring High Court approval unless there are exceptional circumstances.

Parties
Appellants (parents and Child): M, F and T (Re H, a child); Respondent (local Authority): London Borough of Tower Hamlets; Respondent (guardian): Child's Guardian (T)
Jurisdiction
England and Wales
Judgment Date
22 May 2020
Procedural Posture
Appeal (family Division, Care Proceedings) / Judgment on Appeal From High Court Decision Regarding Vaccination of Child in Care
Outcome
Appeal dismissed
Legal Topics
Parental Responsibility, Care Orders, Vaccination of Children, Inherent Jurisdiction, Best Interests of the Child
Family Law Child Law Public Health Law Parental Responsibility Care Orders Vaccination of Children Inherent Jurisdiction Best Interests of the Child

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Parties

M, F and T (Re H, a child)

Appellants (parents and Child)

London Borough of Tower Hamlets

Respondent (local Authority)

Child's Guardian (T)

Respondent (guardian)

Procedural Posture

Appeal (family Division, Care Proceedings) / Judgment on Appeal From High Court Decision Regarding Vaccination of Child in Care

Legal Issues

  1. 1 Whether a local authority with a care order can consent to routine vaccination of a child in care against parental objection under s.33(3) Children Act 1989
  2. 2 Whether vaccination is a 'grave' or 'serious' issue requiring High Court approval under inherent jurisdiction
  3. 3 Whether vaccination constitutes 'medical treatment' or 'preventative healthcare' for the purposes of parental responsibility

Ratio Decidendi

A local authority holding a care order has lawful authority under s.33(3)(b) Children Act 1989 to consent to and arrange routine vaccinations for a child in its care, even if the parents object, provided it is in the child's best interests. Routine vaccination is not a grave or serious matter requiring High Court approval unless there are exceptional circumstances.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the local authority has lawful authority under s.33(3) Children Act 1989 to consent to and arrange vaccination of the child notwithstanding parental objection stands.