K (A Child : permission to vaccinate)

K (A Child : permission to vaccinate)

In the absence of objective medical or welfare evidence demonstrating a genuine contraindication, and guided by binding Court of Appeal authority, the benefit of vaccinating a child in accordance with Public Health England guidance outweighs parental objections based on medical, ethical, or religious grounds. The welfare of the child is paramount.

Parties
Respondent: A Local Authority; Applicant: AA; Applicant: BB
Jurisdiction
England and Wales
Judgment Date
17 July 2020
Procedural Posture
Care Proceedings / Interim Hearing
Outcome
application dismissed
Legal Topics
Vaccination, Parental Responsibility, Interim Care Order, Human Rights
Family Law Child Welfare Vaccination Parental Responsibility Interim Care Order Human Rights

Case Brief

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Parties

A Local Authority

Respondent

AA

Applicant

BB

Applicant

Procedural Posture

Care Proceedings / Interim Hearing

Legal Issues

  1. 1 whether a child in interim care should be vaccinated against parental wishes
  2. 2 burden of proof for preventing vaccination
  3. 3 application of welfare principle

Ratio Decidendi

In the absence of objective medical or welfare evidence demonstrating a genuine contraindication, and guided by binding Court of Appeal authority, the benefit of vaccinating a child in accordance with Public Health England guidance outweighs parental objections based on medical, ethical, or religious grounds. The welfare of the child is paramount.

Court Disposition

application dismissed

Orders

  • The parents' application to prevent vaccination is rejected.
  • If the Local Authority were to apply for permission to vaccinate, the court would accede to that application.