A v Gateshead Metropolitan Borough Council

A v Gateshead Metropolitan Borough Council

There was no procedural unfairness in the process adopted by the local authority; no credible or cogent medical evidence was provided to demonstrate a contraindication to vaccination; and the legal principles established in Re H apply, permitting the local authority to arrange routine vaccinations for C in...

Source-derived case information.

Parties
Applicant Father: A; Respondent Local Authority: Gateshead Metropolitan Borough Council; Respondent Mother: B; Child (by Guardian): C (a child, by her Guardian)
Jurisdiction
England and Wales
Judgment Date
22 July 2025
Procedural Posture
Family / Judgment on Application for Injunction and Declaration
Outcome
Application for injunction refused; declaration granted to local authority
Legal Topics
Vaccination of Children in Care, Parental Responsibility, Inherent Jurisdiction, Care Orders
Family Law Child Law Vaccination of Children in Care Parental Responsibility Inherent Jurisdiction Care Orders

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Summary, issues, holding and outcome

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Parties

A

Applicant Father

Gateshead Metropolitan Borough Council

Respondent Local Authority

B

Respondent Mother

C (a child, by her Guardian)

Child (by Guardian)

Procedural Posture

Family / Judgment on Application for Injunction and Declaration

Legal Issues

  1. 1 Whether the local authority can administer routine vaccinations to a child in care against parental objection
  2. 2 Whether there is procedural unfairness in the process adopted by the local authority
  3. 3 Whether there is cogent evidence of medical contraindication to vaccination

Ratio Decidendi

There was no procedural unfairness in the process adopted by the local authority; no credible or cogent medical evidence was provided to demonstrate a contraindication to vaccination; and the legal principles established in Re H apply, permitting the local authority to arrange routine vaccinations for C in accordance with public health guidance.

Court Disposition

Application for injunction refused; declaration granted to local authority

Orders

  • The application for an injunction preventing vaccination is refused.
  • A declaration is granted that the local authority may arrange for the standard vaccinations, administered pursuant to UK public health guidance, to be given to C.