A & D v B & E

A & D v B & E

Immunisation is in the best interests of both children based on balanced, convincing medical evidence; emotional impact on mothers, while significant, does not outweigh the welfare of the children; Article 8 ECHR does not prevent court-ordered immunisation where health protection is justified.

Parties
Applicant: A; Applicant: D; Respondent: B; Respondent: E; Interested Party: Children (C and F)
Jurisdiction
England and Wales
Judgment Date
13 June 2003
Procedural Posture
Specific Issue Order (children Act 1989) / Final Judgment
Outcome
applications granted
Legal Topics
Immunisation of Children, Parental Responsibility, Specific Issue Orders, Welfare Principle, Medical Evidence, Article 8 ECHR
Family Law Child Welfare Human Rights Immunisation of Children Parental Responsibility Specific Issue Orders Welfare Principle Medical Evidence +1 more

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Parties

A

Applicant

D

Applicant

B

Respondent

E

Respondent

Children (C and F)

Interested Party

Procedural Posture

Specific Issue Order (children Act 1989) / Final Judgment

Legal Issues

  1. 1 Is immunisation in the best interests of the children?
  2. 2 Should the court override the mothers' opposition to immunisation?
  3. 3 Does Article 8 ECHR prevent court-ordered immunisation against parental wishes?

Ratio Decidendi

Immunisation is in the best interests of both children based on balanced, convincing medical evidence; emotional impact on mothers, while significant, does not outweigh the welfare of the children; Article 8 ECHR does not prevent court-ordered immunisation where health protection is justified.

Court Disposition

applications granted

Orders

  • Declaration that immunisation is in the best interests of both girls and should prevail over mothers' opposition.
  • Specific issue order for immunisation according to medical schedule drawn by Dr Conway and Professor Kroll, subject to exceptions noted.