WSP (A Child) (Vaccination: religious objection), Re

WSP (A Child) (Vaccination: religious objection), Re

The mother's application for an injunction was dismissed because she failed to provide cogent, objective medical or welfare evidence of a genuine contraindication to vaccination. The welfare of the child is paramount and vaccination is in his best interests. The mother's religious objections, while respected, do not...

Source-derived case information.

Parties
Applicant: UPP (A Mother); First Respondent: A Local Authority; Second Respondent: WSP (A Child, by his Guardian)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family / Judgment on Application for Injunction
Outcome
Application dismissed
Legal Topics
Child Vaccination, Parental Responsibility, Religious Objection, Article 9 ECHR, Article 14 ECHR, Best Interests of the Child, Discrimination, Care Orders
Family Law Human Rights Child Vaccination Parental Responsibility Religious Objection Article 9 ECHR Article 14 ECHR Best Interests of the Child +2 more

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Parties

UPP (A Mother)

Applicant

A Local Authority

First Respondent

WSP (A Child, by his Guardian)

Second Respondent

Procedural Posture

Family / Judgment on Application for Injunction

Legal Issues

  1. 1 Whether the local authority can vaccinate a child in care against the religious objections of the parent
  2. 2 Whether refusal to vaccinate on religious grounds is protected by Article 9 ECHR
  3. 3 Whether overriding the parent's religious objection constitutes unlawful discrimination under Article 14 ECHR

Ratio Decidendi

The mother's application for an injunction was dismissed because she failed to provide cogent, objective medical or welfare evidence of a genuine contraindication to vaccination. The welfare of the child is paramount and vaccination is in his best interests. The mother's religious objections, while respected, do not outweigh the child's welfare and can be lawfully overridden under s 33(3)(b) Children Act 1989. Overriding her objection is a necessary and proportionate interference with her Article 9 rights, and the difference in treatment under Article 14 is objectively justified.

Court Disposition

Application dismissed

Orders

  • Mother's application for injunction to restrain vaccination is dismissed
  • Local Authority may proceed to arrange for WSP's routine vaccinations