BC v EF (No.2) (Parental Responsibility : Immunisation) [2017] EWFC 49 (21 April 2017)

BC v EF (No.2) (Parental Responsibility : Immunisation) [2017] EWFC 49 (21 April 2017)

Given the genuine and informed consensus of both parents with parental responsibility not to immunise, and in the absence of evidence that failure to immunise would threaten life or cause significant harm, the court will not enforce the immunisation order against their wishes. The order is varied to remove the mandatory requirements, leaving the declaratory statement as to best interests in place. The proceedings are concluded as to contact, in light of parental agreement and the impracticality and undesirability of further court intervention.

Citation
[2017] EWFC 49
Parties
Applicant: BC; Respondent: EF; Children's Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
21 April 2017
Procedural Posture
Private Law Children Proceedings (specific Issue and Child Arrangements Orders) / Post Final Order; Applications for Enforcement and Discharge/variation of Order
Outcome
Guardian's application for enforcement dismissed; parents' application to vary/discharge order granted; proceedings concluded.
Legal Topics
Parental Responsibility, Immunisation of Children, Enforcement of Orders, Variation/discharge of Orders, Role of Children's Guardian, Child Arrangements, Contact
Family Law Child Law Parental Responsibility Immunisation of Children Enforcement of Orders Variation/discharge of Orders Role of Children's Guardian Child Arrangements +1 more

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Parties

BC

Applicant

EF

Respondent

Children's Guardian

Children's Guardian

Procedural Posture

Private Law Children Proceedings (specific Issue and Child Arrangements Orders) / Post Final Order; Applications for Enforcement and Discharge/variation of Order

Legal Issues

  1. 1 Whether the court should enforce a specific issue order requiring immunisation when both parents now oppose it
  2. 2 Whether the Children's Guardian has locus to seek enforcement of such an order
  3. 3 Whether the original order should be varied or discharged given the change in parental consensus

Ratio Decidendi

Given the genuine and informed consensus of both parents with parental responsibility not to immunise, and in the absence of evidence that failure to immunise would threaten life or cause significant harm, the court will not enforce the immunisation order against their wishes. The order is varied to remove the mandatory requirements, leaving the declaratory statement as to best interests in place. The proceedings are concluded as to contact, in light of parental agreement and the impracticality and undesirability of further court intervention.

Court Disposition

Guardian's application for enforcement dismissed; parents' application to vary/discharge order granted; proceedings concluded.

Orders

  • Application for enforcement of immunisation order dismissed.
  • Specific issue order regarding immunisation varied: mandatory requirements discharged, declaratory statement retained.