M v H (Private Law Vaccination) [2020] EWFC 93 (15 December 2020)

M v H (Private Law Vaccination) [2020] EWFC 93 (15 December 2020)

It is in the best interests of both children to be vaccinated in accordance with the NHS vaccination schedule, as there is no credible evidence of risk or contraindication, and the benefits outweigh the risks. The mother's objections are not supported by reliable scientific evidence and do not outweigh the established medical consensus and public health guidance.

Citation
[2020] EWFC 93
Parties
Applicant: M; First Respondent: H; Second Respondent: P and T (Children Represented by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
15 December 2020
Procedural Posture
Private Law Children Proceedings (specific Issue Order) / Final Hearing on Specific Issue Order Regarding Vaccination
Outcome
Specific issue order granted in favour of the father.
Legal Topics
Parental Responsibility, Vaccination of Children, Specific Issue Orders, Best Interests of the Child, Article 8 ECHR
Family Law Child Law Parental Responsibility Vaccination of Children Specific Issue Orders Best Interests of the Child Article 8 ECHR

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Parties

M

Applicant

H

First Respondent

P and T (Children Represented by their Children's Guardian)

Second Respondent

Procedural Posture

Private Law Children Proceedings (specific Issue Order) / Final Hearing on Specific Issue Order Regarding Vaccination

Legal Issues

  1. 1 Whether it is in the best interests of the children (P and T) to be vaccinated in accordance with the NHS vaccination schedule despite the mother's objections.

Ratio Decidendi

It is in the best interests of both children to be vaccinated in accordance with the NHS vaccination schedule, as there is no credible evidence of risk or contraindication, and the benefits outweigh the risks. The mother's objections are not supported by reliable scientific evidence and do not outweigh the established medical consensus and public health guidance.

Court Disposition

Specific issue order granted in favour of the father.

Orders

  • Each child (P and T) to be given all childhood vaccines currently specified on the NHS vaccination schedule.
  • Father to arrange and ensure children are taken to the GP for scheduled immunisations for the remainder of their childhood.