M v H (Private Law Vaccination)

M v H (Private Law Vaccination)

It is in the best interests of the children to be vaccinated in accordance with the NHS vaccination schedule. There is no credible medical evidence or contraindication to outweigh the established benefits of vaccination. The order is proportionate and justified under Article 8 ECHR.

Parties
Applicant/father: M; First Respondent/mother: H; Second Respondent/children: P and T (Children, represented by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
15 December 2020
Procedural Posture
Private Law Family / Judgment on Specific Issue Order Application
Outcome
Specific issue order granted
Legal Topics
Vaccination of Children, Parental Responsibility, Specific Issue Orders, Best Interests of the Child, Article 8 ECHR
Family Law Children Law Vaccination of Children Parental Responsibility Specific Issue Orders Best Interests of the Child Article 8 ECHR

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Parties

M

Applicant/father

H

First Respondent/mother

P and T (Children, represented by their Children’s Guardian)

Second Respondent/children

Procedural Posture

Private Law Family / Judgment on Specific Issue Order Application

Legal Issues

  1. 1 Whether it is in the best interests of the children to be vaccinated in accordance with the NHS vaccination schedule
  2. 2 Whether a specific issue order should be made requiring vaccination
  3. 3 Whether ordering vaccination breaches Article 8 ECHR rights

Ratio Decidendi

It is in the best interests of the children to be vaccinated in accordance with the NHS vaccination schedule. There is no credible medical evidence or contraindication to outweigh the established benefits of vaccination. The order is proportionate and justified under Article 8 ECHR.

Court Disposition

Specific issue order granted

Orders

  • Each child (P and T) to be given all childhood vaccines currently specified on the NHS vaccination schedule.
  • Father to arrange and ensure vaccinations are administered.