B (a child)

B (a child)

The judge’s approach was correct: he assessed the expert medical evidence first, then considered all other relevant welfare factors, and ultimately applied the paramount consideration of the welfare of the children. The appeal was dismissed because the judge did not misdirect himself in law and his decision was a proper exercise of discretion under section 8 of the Children Act 1989.

Parties
Appellant: Appellant Mothers; Respondent: Respondent Fathers
Jurisdiction
England and Wales
Judgment Date
30 July 2003
Procedural Posture
Civil Appeal (family Law) / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeals dismissed; permission to appeal granted
Legal Topics
Specific Issue Orders, Immunisation of Children, Parental Responsibility, Welfare of the Child
Family Law Child Law Specific Issue Orders Immunisation of Children Parental Responsibility Welfare of the Child

Case Brief

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Parties

Appellant Mothers

Appellant

Respondent Fathers

Respondent

Procedural Posture

Civil Appeal (family Law) / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the High Court applied the correct legal test in granting specific issue orders for immunisation against the wishes of the mothers
  2. 2 Whether the welfare of the child was properly treated as the paramount consideration
  3. 3 Whether the judge elevated medical evidence above other welfare considerations

Ratio Decidendi

The judge’s approach was correct: he assessed the expert medical evidence first, then considered all other relevant welfare factors, and ultimately applied the paramount consideration of the welfare of the children. The appeal was dismissed because the judge did not misdirect himself in law and his decision was a proper exercise of discretion under section 8 of the Children Act 1989.

Court Disposition

Appeals dismissed; permission to appeal granted

Orders

  • The mothers’ appeals are dismissed; the orders requiring immunisation stand.