Covid vaccine: can a child decide?

When parents cannot agree about the Covid vaccination

If both parents agree their children should not be vaccinated, and no other authorities are involved, then the courts will not intervene and order the vaccination of the children.

But what if one parent wishes a child to be vaccinated against the wishes of the other parent? The test is always to decide what is in the best interests of the child. Generally speaking, that will be in favour of vaccination.

In legal terms the test is considered to be that:

1. In the absence of credible medical evidence that sets out a significant safety concern as to the safety of the vaccine or its efficiency; and
2. In the absence of well documented medical evidence, relating to the particular child that they should not be vaccinated;

it is in the best interest of the child to be vaccinated.  This applies to vaccines for COVID-19 and other diseases.

Parents who seek to have their child vaccinated are likely to succeed in that application.  Parents who seek to oppose vaccinations are, unless they have the necessary strong medical evidence above, likely to fail.  This is subject to the ability of the child themselves to consent to the vaccination.

What if a child wants to be vaccinated?

If a child wishes to be vaccinated but the parents withhold consent that child does have a voice. First, an assessment has to be made of the child’s ability to make an informed decision about receiving the vaccine.  This is a test known as Gillick competence and is applied by medical professionals treating children in other areas of medicine.

If a child, under the age of 18, is able to understand and appreciate the nature of the medical treatment they are receiving, they are able to consent to it. A child with Gillick competence is able to receive medical treatment, even if their parents DO NOT consent to this.

 NHS guidance

The NHS recommend an agreed course of action where possible. It is advised parents are contacted and mediation is attempted. However, the parents cannot overrule the child, if the child wishes to be vaccinated, a vaccine will be given.

 Free initial meeting for support and advice

If you would like to discuss the legal issues concerning vaccines we offer a free 30-minute appointment. Thanks to our network of offices covering Coventry, Leamington, Nuneaton, Stratford-upon-Avon and Southam we are very accessible too. For excellent, friendly advice please contact Jonathan Miller, Solicitor, Family Private Department at Alsters Kelley on 01926 356057 or email jonathan.miller@alsterskelley.com