England and Wales

Abstract

C is a 12-year-old child who has been looked after by the local authority under a care order since 2015. He became eligible for Covid-19 and flu vaccinations in September 2021 and has clear views that he wants to have both. He is in a foster placement with a child with disabilities and is worried about the possible impact of being exposed to Covid on that child. His mother is absolutely opposed to the vaccinations and will not consent to C receiving them. The mother produced a quantity of antivaccine propaganda in support of her stance, but agreed that C had no contraindications for vaccination. The local authority relied on published government guidance. The mother sought an adjournment to bring expert evidence of the risks of vaccination. The Court of Appeal have decided, in Re H(A Child)(Parental Responsibility: vaccination)[2020] EWCA Civ 664, that a local authority can consent to routine childhood vaccinations in the exercise of their parental responsibility under a care order and do not need to make an application under the inherent jurisdiction. That decision was made before Covid vaccinations became available for children.