BC v EF (No.2) (Parental Responsibility : Immunisation)

BC v EF (No.2) (Parental Responsibility : Immunisation)

Given the genuine parental consensus against immunisation, the absence of statutory compulsion, and lack of risk of significant harm, the court will not enforce the immunisation order nor override parental responsibility. The order is varied to remove the requirement for vaccination, leaving the declaratory relief intact. Proceedings are concluded as parents have agreed arrangements.

Parties
Applicant: BC; Respondent: EF; Interested Party: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
21 April 2017
Procedural Posture
Family / Post Judgment, Applications for Enforcement and Discharge/variation
Outcome
Applications for enforcement dismissed; order varied to remove vaccination requirement; proceedings concluded.
Legal Topics
Child Arrangements, Specific Issue Orders, Immunisation, Parental Responsibility, Enforcement of Orders
Family Law Child Arrangements Specific Issue Orders Immunisation Parental Responsibility Enforcement of Orders

Case Brief

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Parties

BC

Applicant

EF

Respondent

Children's Guardian

Interested Party

Procedural Posture

Family / Post Judgment, Applications for Enforcement and Discharge/variation

Legal Issues

  1. 1 Whether the court should enforce an order for immunisation when both parents now oppose it
  2. 2 Whether the Children's Guardian has locus to enforce the order
  3. 3 Whether the specific issue order should be discharged or varied

Ratio Decidendi

Given the genuine parental consensus against immunisation, the absence of statutory compulsion, and lack of risk of significant harm, the court will not enforce the immunisation order nor override parental responsibility. The order is varied to remove the requirement for vaccination, leaving the declaratory relief intact. Proceedings are concluded as parents have agreed arrangements.

Court Disposition

Applications for enforcement dismissed; order varied to remove vaccination requirement; proceedings concluded.

Orders

  • Application for enforcement of immunisation order dismissed.
  • Specific issue order varied: requirement for vaccination removed, declaratory relief remains.