Childhood vaccination disputes – where does the law stand in public and private law proceedings?

As the vaccinations against COVID-19 begin to be administered it is worth revisiting recent judicial approaches in vaccination disputes concerning children in both public and private law proceedings.

In the very recent case of Re H (A Child) (Parental Responsibility: Vaccination) [2020] EWCA Civ 664 the Court of Appeal considered whether the routine vaccination of healthy children in care was a matter which a local authority can properly consent to and arrange pursuant to its powers under s.33 Children Act 1989 or whether where a parent opposes it the issue is of such magnitude seriousness or gravity that it necessitates an application to the High Court for leave to invoke its inherent jurisdiction. Whilst the case concerned only public law proceedings under Part IV of the Children Act 1989 the Court also took the opportunity to comprehensively review the position in private law proceedings under Part II of the 1989 Act.

In Re H both care and placement orders had been made in respect of the child in question and the parents objected to the child receiving routine vaccinations in line with the father’s...

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