Decisions between parents about child vaccinations
Parental responsibility
Provided that you each have parental responsibility for your child, when an issue regarding that responsibility arises, such as whether to vaccinate, and you have opposing views, it becomes a specific issue that requires resolution. That can be achieved on a non-court dispute resolution basis by way of agreement at best, although as a last resort, a decision by a private arbitrator, or the family court.
At this early stage, you need to know what ultimate decision is likely to be made in the best interests of your child.
Vaccination is not immunisation
In 2020, both the High Court and the Court of Appeal observed in separate cases that this is a view often expressed by those uncertain of a vaccine’s
value, and that the key is to understand that administering a vaccine to a child helps to build immunisation from a disease by creating antibodies. Because they are not 100% effective, a small proportion will not get the benefit of antibodies because the vaccine does not work. The majority will.
Public Health v Anti-Vax
Family law relies on recognised expert evidence or guidance in this sort of case to determine the effectiveness of a vaccine in whatever form of protection it is professed to supply.
Recognised bodies such as Public Health England are consulted by the courts for consideration when asked to decide what is in the child’s best interests. Lay opinions without evidential foundation are avoided. Pre-existing conditions of the child will be scrutinised for safety.
Specific court guidance for decision-making
Put simply, it is considered better for an otherwise healthy child to be vaccinated than not in their best interests and those of society, based on sufficient recognised medical evidence/guidance.
Respect for private and family life
Often cited in defence of any application for vaccination. The court will consider the following.
- Does the vaccination outcome justify the limitation of the right to privacy/family life?
- Could a less intrusive measure be used that is just as effective?
- Is a fair balance being struck between individual rights and those of the community?
If you’re facing disagreements about your child’s vaccinations, it’s essential to understand your legal options. Our Child Vaccinations: Legal Guidance can help you manage these complex decisions with expert advice tailored to your family’s needs.
We offer a free initial half-hour discussion with a trained lawyer, regarding matters concerning your co-parenting and decision making, for your ongoing peace of mind. It’s no obligation, so if you need us again, at least you can make an informed decision.