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According to UK statistic up to Monday, 16 August 2021 47,369,418 people have received their first dose and 40,841,971 people have received their Second dose but questions are now being raised about the vaccination of children.

As we are aware coronavirus can affect anyone. Some children and young people are at greater risk. This includes those who live with severe neurodisabilities, severe learning difficulties, Down’s syndrome and other serious conditions. The NHS is offering COVID-19 vaccine to some children and young people. This includes those aged 12-17 years at increased risk from infection who will need 2 doses of the vaccine 8 weeks apart. All young people aged 16 and 17 years will be offered a first dose of vaccine. The timing of a second dose for these 16-17 year olds will be confirmed later.

Over the last few months all the major vaccine manufacturers have been conducting tests to ascertain the efficacy of their vaccine among younger people. Currently the vaccine licensed for children and young people is the Pfizer vaccine.

From a legal standpoint, the issue of vaccination brings challenging questions about parental responsibility, especially for separated parents and it is only a matter of time before disputes over whether children should receive the vaccine reach the family court. The court relies on scientific evidence and peer-reviewed research and so generally views approved vaccinations as beneficial to the child.

Under Section 2 (7) of the Children Act 1989 if both parents have parental responsibility they cannot act alone. They require the consent of the other parent in a matter affecting the child. However if there is a dispute then the court must consider the child’s best interest among all other factors in addition to each parent’s view.

In a recent case M v H (Private Law Vaccination) [2020] EWFC the father applied to the court for a Specific Issue Order to ensure his children, aged 6 and 4, received the full range of vaccinations specified by the NHS vaccination schedule for foreign travel. The mother opposed the order. The court refused to make an order as the country was under lockdown at the time. However the judge said that “I wish to make abundantly clear to anyone reading this judgment that my decision…does not signal any doubt on the part of this court regarding the probity or efficacy of that vaccine.” And that “approved vaccination is generally in the best interests of children, it is considered “both reasonable and responsible parental behaviour to arrange for a child to be vaccinated.”

As always the welfare of the child or children in question is paramount – as vaccinations are overwhelmingly viewed as beneficial by the scientific community, the court is likely to order that they be administered unless there are exceptions, such as medical complications, then it is likely that child may be exempted or scientific reason that a vaccination would be more harmful than beneficial, this too could be a factor.

Any parent with parental responsibility can make an application to the court under the Children Act without needing the court’s permission to do so. So if there is a disagreement, if a parent has parental responsibility, they can apply to the court for a Specific Issue Order.

If you have any questions regarding your views as a parent in relation to the vaccination of your children, then please feel free to contact our Mrs Vijaya Sumputh on 0208 3636 4444.