Re C (Looked After Child) (Covid-19 Vaccination)

Re C (Looked After Child) (Covid-19 Vaccination)

A local authority with a care order may arrange and consent to Covid-19 and winter flu vaccinations for a child in its care, notwithstanding parental objection, when such vaccinations are part of an ongoing national programme approved by the UK Health Security Agency, the child is either not Gillick competent or is Gillick competent and consents, and the authority is satisfied it is necessary to safeguard or promote the child's welfare. No court application is required unless there are grave decisions or individualised contraindications.

Parties
Applicant: Local Authority; Respondent: First Respondent (Mother); Respondent: Second Respondent (Father); Respondent: Third Respondent (Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
09 November 2021
Procedural Posture
Public Law Family Proceedings / Judgment on Application for Declaration Regarding Vaccination
Outcome
Application granted; declaration made that the local authority has power to arrange and consent to the vaccinations under s.33 Children Act 1989.
Legal Topics
Parental Responsibility, Child Welfare, Vaccination, Gillick Competence, Inherent Jurisdiction
Family Law Child Law Public Health Law Parental Responsibility Child Welfare Vaccination Gillick Competence Inherent Jurisdiction

Case Brief

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Parties

Local Authority

Applicant

First Respondent (Mother)

Respondent

Second Respondent (Father)

Respondent

Third Respondent (Children's Guardian)

Respondent

Procedural Posture

Public Law Family Proceedings / Judgment on Application for Declaration Regarding Vaccination

Legal Issues

  1. 1 Whether a local authority with a care order can arrange and consent to Covid-19 and winter flu vaccinations for a child in its care notwithstanding parental objection
  2. 2 Whether the vaccinations are in the child's best interests
  3. 3 Whether the court should exercise its inherent jurisdiction to authorise vaccination if the local authority lacks power

Ratio Decidendi

A local authority with a care order may arrange and consent to Covid-19 and winter flu vaccinations for a child in its care, notwithstanding parental objection, when such vaccinations are part of an ongoing national programme approved by the UK Health Security Agency, the child is either not Gillick competent or is Gillick competent and consents, and the authority is satisfied it is necessary to safeguard or promote the child's welfare. No court application is required unless there are grave decisions or individualised contraindications.

Court Disposition

Application granted; declaration made that the local authority has power to arrange and consent to the vaccinations under s.33 Children Act 1989.

Orders

  • Local authority authorised to arrange and consent to Covid-19 and winter flu vaccinations for C.
  • No need for court to exercise inherent jurisdiction in this case.