Is the Immunisation of Children a Special Medical Procedure?

The decision as to whether or not to immunisation of children appears to be increasingly being argued in the Family Courts between separated parents. There have been a number of cases in the last few months in which this question has been decided for the parents by the Court in circumstances where one parent wishes to vaccinate the children and the other parent objects.

In January 2014 we understand another case will proceed before the Court in which this is a significant question. We understand that in this case the mother is objecting to the children being vaccinated and she is also seeking to persuade the Court that the question of whether the children should be vaccinated or not should be classed as a Special Medical Procedure.

There are specific rules and requirements which apply to cases in which the Court is asked to decide about Special Medical Procedures in relation to children and those cases have usually
been in instances where the question for the Court to decide is whether or not intellectually disabled girls should be sterilised or whether children under the age of 18 should be given gender reassignment treatment. We will report on the outcome of this latest case later in the year, it would certainly be a significant legal development if vaccination was considered to be Special Medical Procedure.

Aylward Game Solicitors

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