With children now being offered a COVID-19 vaccination, a leading family law solicitor in Shropshire has warned that separated parents need to give mutual consent for their child to be vaccinated.
Sue Hodgson, of Lanyon Bowdler’s family law team, said it was vital for parents to agree on whether or not to vaccinate their child when they are offered the vaccine.
12 to 15-year-olds are being offered a single dose of a vaccine with the aim of reducing disruption to schools during the winter.
England’s Chief Medical Officer, Chris Whitty, said it was a “difficult decision” but the vaccine could be an “important and useful tool” to help minimise school absence due to contracting COVID-19 and having to isolate for 10 days.
Sue said it was important for parents to talk through their wishes ahead of any decisions being made.
“Our team at Lanyon Bowdler anticipates there will be a lot of parents who will need to seek advice and assistance in relation to this issue,” she said.
“A child should not be vaccinated unless every person who holds parental responsibility for them has given consent. Therefore, if there is a dispute regarding vaccination, parents who want their child vaccinated against the wishes of other holders of parental responsibility need to consider taking legal advice.
“In such cases, a parent’s views will be taken into account by the court but will not be determinative unless the view has a real bearing on the child’s welfare – the focus, as always in the Children Act, will be on the child’s best interests.
“The advice to parents who want to vaccinate or not vaccinate against the consent of the other holder of parental responsibility must be to seek legal advice on the best way to proceed.
“It is difficult, however, to foresee a situation where a vaccination against COVID-19 that is approved for use with children would not be endorsed, unless there is a credible development in medical science.
“Parents would be well advised to obtain all medical evidence about their child before thinking about legal proceedings.”
For more advice, contact Sue Hodgson or the family law team on 0800 652 3371 or visit: www.lblaw.co.uk.
