Where there are important decisions to be made about the health, education and welfare of a child, parents are usually able to reach an agreement and exercise their parental responsibility appropriately   in the best interests of their child.

Neither parent has more authority than the other. Where there is no agreement as to health issues, sometimes there is no choice but to bring an application to court to seek a resolution.

If both parents have parental responsibility and a childs health care needs are such that they need consent then it is hoped they can agree. Any disagreement may lead to an application being made to the court although this is quite unusual in my experience.

The Children Act 1989 allows parents the opportunity to make an application to the court for a Specific Issue Order, which determines a specific question or issue including whether a child should receive a vaccination or other medical treatment.

The Covid-19 Vaccine & Parental Consent

The court may be asked to determine any aspect of parental responsibility where there is no agreement.  For example, in the current climate and global pandemic, the decision to allow the vaccination of a child with any one of the coronavirus vaccines may come as a welcome relief for some parents. However, others may be concerned as to the side effects and may wish to refuse to allow their children to be vaccinated.

The vaccines are new and have been rapidly rolled out, and some cautious people feel the vaccines are not sufficiently tested and this may be a good reason for a parent not to be in favour of the vaccination. The evidence supports the fact that children are not as badly affected as adults and again this may be a good reason to hesitate. Other parents would not hesitate for moment if offered the vaccine and it is easy to see how these differing opinions could lead to a serious dispute.

Court Intervention

Those holding parental responsibility may also apply to the Court for a Prohibited Steps Order which is an order that can prevent a person exercising their parent responsibility i.e. stopping a child having a vaccination.

If the court has to make a decision as to the way in which parental responsibility is exercised then there will inevitably be a delay. Issues, such as these, may not be heard immediately unless an urgent health need requires it. In making decisions, the Judge will always have the child’s best interest at the heart of its decision making. Each case will be dealt with on the facts and merits of that case and the child’s specific needs who is subject to that application.

If you need further information, please contact us on 0800 011 6666.