I don't want my child getting vaccinated at school

Apr 03, 2023

Declining Consent may not be enough

 Parents with children in a UK school will soon encounter the routine of vaccinations being administered in school. A vaccination provider such as the NHS or a private company will be in touch with parents and ask for their consent. This may be a paper form but increasingly parents are asked to give their consent via an online form.

 

 

 

Confusion can set in already at this early stage, with parents reporting some forms only have a 'yes' option but no way of saying 'no' or else asking parents to justify their refusal. Alternatively some parents may object to the wording. They may be happy to say they don't want their child vaccinated but the form may read 'I don't want my child protected' which the parent then won't want to put their name to.

 

 

 

Strictly speaking you do not need to submit anything in order to say 'no'. If the vaccination provider doesn't have your consent, they cannot vaccinate your child. A clear 'no' may however help avoid confusion on the day, as staff may start trying to call you or even ask your child to give their own consent.

 

 

 

Consent in medicine is only valid if it is given by a competent person, free of pressure and undue influence and after receiving unbiased information. This seems almost impossible in a school setting. Nevertheless children are sometimes asked to give their own consent, possibly even in defiance of their parents' refusal. We have published extensive guidance for parents about these issues. Occasionally children are vaccinated due to administrative errors and even strong pressure from staff with a fanatical bias towards vaccination is not unheard of.

 

 

 

Being absolutely certain that your child will not have the vaccines in school is therefore difficult. Even if you keep them at home, there may be unannounced catch-up sessions later on.

 

 

 

Here are some tips that will help make any mishaps less likely.

 

 

  • return any consent forms with a clear 'no' by the deadline or put your refusal in your own words
  • make sure your child knows they are not meant to have the vaccine and do what you can to empower them
  • consider keeping them at home on vaccination day
  • make sure teachers and school staff know about your refusal as well as the vaccination provider and ask them to help prevent any mistakes
  • in some cases a legal letter to the vaccination provider may be appropriate

 

 

 

Gillick competence is a term used in medical law to describe the ability of a child under the age of 16 to consent to medical treatment without the need for parental consent or knowledge. It is named after a legal case in the UK in 1985, where Mrs. Victoria Gillick challenged the Department of Health and Social Security’s policy to allow doctors to prescribe contraceptives to minors without the knowledge or consent of their parents. The court ultimately ruled that children under 16 years of age could consent to medical treatment if they had sufficient understanding and intelligence to appreciate the nature and implications of the proposed treatment.

 

The principle behind Gillick competence is based on the idea that as children grow older, they acquire the maturity and autonomy to make informed decisions about their own healthcare. It recognizes that parental consent may not always be in the best interest of the child, particularly in cases where a child may be at risk of harm or where their parents may have different cultural or religious beliefs that could impact their decision-making.

 

In order to be considered Gillick competent, a child must have the capacity to understand and retain the information relevant to the decision, weigh up the different options, and communicate their decision clearly. Healthcare professionals are responsible for assessing a child’s capacity to consent and determining whether the child is Gillick competent. They must also ensure that the child fully understands the risks and benefits of the proposed treatment, and that their decision is voluntary and not influenced by external factors.

The concept of Gillick competence has been controversial and subject to debate, with some critics arguing that it undermines the role of parents in their children’s healthcare decisions. However, proponents of the concept argue that it recognizes the evolving autonomy of children and the importance of ensuring that their best interests are always upheld.

 

In conclusion, Gillick competence is a legal principle that recognizes the ability of children under the age of 16 to consent to medical treatment if they have sufficient understanding and intelligence to do so. It reflects a shift towards recognizing the autonomy and decision-making capabilities of children as they grow older, while also ensuring that their best interests are always upheld. While it remains a controversial issue, it is an important principle in medical law that helps to balance the rights and responsibilities of parents, children, and healthcare professionals in ensuring the best possible health outcomes for children.