BC v EF (Parental Responsibility : Immunisation)

BC v EF (Parental Responsibility : Immunisation)

The court, applying the welfare principle and weighing expert evidence, finds no credible evidence of adverse reactions or increased risk; immunisation is in the children's best interests and should proceed according to age-appropriate guidance, despite the mother's conscientious objection and vegan beliefs.

Parties
Applicant: BC; Respondent: EF; Children: M and N
Jurisdiction
England and Wales
Judgment Date
05 December 2016
Procedural Posture
Specific Issue Order (family) / Judgment
Outcome
Immunisation according to age definition is in the children's best interests; to be implemented by agreement or, if necessary, by court order.
Legal Topics
Immunisation, Parental Responsibility, Specific Issue Order, Best Interests of the Child, Article 8 ECHR
Family Law Child Welfare Immunisation Parental Responsibility Specific Issue Order Best Interests of the Child Article 8 ECHR

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Parties

BC

Applicant

EF

Respondent

M and N

Children

Procedural Posture

Specific Issue Order (family) / Judgment

Legal Issues

  1. 1 Should the court direct immunisation of the children against the mother's objection?
  2. 2 Does the mother's vegan beliefs and concerns about vaccine safety outweigh medical consensus and best interests?
  3. 3 Is there evidence of adverse reactions to prior vaccinations justifying refusal?

Ratio Decidendi

The court, applying the welfare principle and weighing expert evidence, finds no credible evidence of adverse reactions or increased risk; immunisation is in the children's best interests and should proceed according to age-appropriate guidance, despite the mother's conscientious objection and vegan beliefs.

Court Disposition

Immunisation according to age definition is in the children's best interests; to be implemented by agreement or, if necessary, by court order.

Orders

  • Directions for immunisation of M and N according to age-appropriate schedule.
  • Declaratory relief that immunisation is in the children's best interests.