It is an important step in any child’s life to be offered access to routine vaccinations, which constitute one of the most vital innovations in modern medicine. The World Health Organisation estimates that childhood vaccines alone prevent between 3.5 and 5 million deaths every year across the globe. Nevertheless, it is important to consider the below information if a dispute arises over whether a child should be vaccinated.
Parental Consent
Where the parents of a child are married, or are both on the child’s birth certificate, then they share parental responsibility (this can also be obtained by court order). Any court orders determining where the child lives (Child Arrangements order) does not change this. Parental responsibility includes being consulted on medical decisions, therefore the option of having a vaccine will need to not only be discussed with the child but both parents, including those of separated families.
Child’s Consent
For a child to consent to medical treatment the legal threshold is that they must be Gillick competent (sometimes known as the Fraser guidelines). The guidance comes from a case in the 1980’s which looked at whether medical professionals should be able to give contraceptive treatment to under 16’s without parental consent. The guidance is still good law today. The test is used to determine whether a child has the maturity to make their own decisions and understand the implications of them.
The assessment of Gillick competence includes the following:
- The child’s age, maturity and mental capacity
- Their understanding of the issue and what it involves – including advantages, disadvantages and potential long-term impact.
- Their understanding of the risks, implications and consequences that may arise from their decision
- How well they understand any advice or information they have been given
- Their understanding of alternative options, if available
- Their ability to explain a rationale around their reasoning and decision making
However, that consent may not be valid if the child is being pressured or influenced by someone else. The test may have a different outcome on the same child depending on the question being posed, just because they are competent to make a decision over one matter, does not mean they can automatically make a decision regarding another. Where parents cannot agree on a decision concerning a child’s medical treatment one of many issues we would discuss is Gillick competence. As a last resort there is the option of court proceedings for a specific issue order to determine medical treatment, this is often seen where parents and medical professionals do not agree on medical treatment for a child.
If you are a parent of a child who is 12-15 years old, we would suggest having an open discussion with the other parent. Obtain information from school and your GP to try and come to a unified decision over any vaccination. You will, of course, also need to discuss this with your child as even if you both want them to have a vaccine, they could ultimately refuse it. If you are not able to agree over whether your child should have a vaccine, mediation is also an option to offer a forum within which to discuss this issue with the guidance of a trained mediator. There are also mediators who are specifically trained to enable children (where appropriate) to attend mediation, so this may also be an option.
If you would like to know more about family mediation contact Ellisons’ specialist Family Law Solicitors today on 01206 764477 or email us at enquiries@ellisonssolicitors.com.
