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England and Wales High Court (Family Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Family Division) Decisions >> F v F [2013] EWHC 2683 (Fam) (05 September 2013) URL: https://www.bailii.org/ew/cases/EWHC/Fam/2013/2683.html Cite as: 136 BMLR 105, [2014] Fam Law 29, (2014) 136 BMLR 105, [2013] EWHC 2683 (Fam), [2014] 1 FLR 1328, [2014] FLR 1328 |
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This judgment is being handed down in private on 5th September 2013. It consists of 9 pages and has been signed and dated by the judge. The judge does not give leave for it to be reported until it has been anonymised by counsel and approved by the judge.
The judgment is being distributed on the strict understanding that in any report no person other than the advocates or the solicitors instructing them (and other persons identified by name in the judgment itself) may be identified by name or location and that in particular the anonymity of the children and the adult members of their family must be strictly preserved.
FAMILY DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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F |
Applicant |
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- and - |
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F |
Respondent |
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Peter Mitchell (instructed by Ashfords LLP) for the Respondent
Hearing date: 31 July 2013
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Crown Copyright ©
The Honourable Mrs Justice Theis:
Introduction
Background
Legal framework
'a. Measles, mumps and rubella are serious infections, each of which carried an appreciable risk of dangerous complications in healthy individuals. Vaccination is the only practical way to prevent an individual from contracting infection, and all the evidence is that it is effective and has a very low level of side effects, which are generally mild and transient........
d. With due consideration for established contraindications to vaccination in an individual case, it is otherwise in every child's interest to be protected against measles, mumps and rubella with theMMR
vaccine'
The evidence
(1) She questions the benefits of the vaccine and remains concerned about any possible side effects;
(2) She questions the father's change in position bearing in mind what she considered was the parties agreement that the girls should not be vaccinated;
(3) She is concerned about the impact of the vaccination being undertaken against the girls wishes, in particular L who has had psychological problems including anxiety issues which she has received counselling for.
(4) L is a vegan and part of her objection is based on the content of the vaccine which includes animal based ingredients (e.g. gelatine).
Submissions and Discussion
Decision
(1) Whilst I am acutely aware of both L and M's wishes and feelings in relation to this issue, as described in detail in both of Ms Vivian's reports, I consider their views have inevitably been influenced by a number of factors which affects the weight that should be attached to those wishes and feelings. First, from their perspective the parents were initially united in their decision for them not to be vaccinated and they can't understand why their father has changed his mind. As M told Ms Vivian she could not understand how he could say he wants them to be safe (by having the vaccination) yet he didn't feel that before. This perhaps displays a lack of maturity and an appreciation that views can change for a variety of reasons. Second, they have become focussed on the issue of the ingredients of the vaccine without being able to consider and balance the wider picture, and the consequences or actions of them not having it, including medication (and its contents) that would be required in the event of them becoming ill from one of the vaccine preventing diseases. Third, it is not surprising that they are likely to have become influenced by their mother's views. Those views are clearly strongly held and will inevitably have influenced both children. As Ms Vivian said in her oral evidence 'The difficulty for the girls is their mother is very anxious and they will take some responsibility for making her feel okay about that', she considered they had 'aligned themselves with the mother'.
(2) Whilst the welfare considerations for each child must be considered separately Ms Vivian did not consider the court should treat them differently. L may be better informed and have a better understanding as she is older, but Ms Vivian considered her views were naive; she considered neither L or M were able to give a balanced view and felt they had become over-focussed on the ingredients without being able to balance that with other considerations. I agree. Their views, whilst understandable in the circumstances, lack the ability to step back and consider the advantages and disadvantages of having the vaccination. The focus was entirely on what they considered were the negative aspects, in particular the ingredients and the side effects. L's focus was on a particular ingredient without any suggestion or consideration by her of balancing that aspect with other factors. This is also illustrated by Ms Vivian's questioning about what they would do if they contracted any of these diseases and what would be the ingredients of that medication. That was clearly something they had not contemplated or considered.
(3) I have carefully considered the emotional needs of both L and M. They are inevitably caught in the middle of this dispute between their parents. The consequence for them emotionally of the court reaching a decision that does not accord with their wishes is a factor to bear in mind. However, as with most issues concerning the exercise of parental responsibility, whether through discussion and agreement between the parents or by application to the court and the court having reached a decision based on welfare, it is incumbent on the parents to assist and support the girls with the consequences of that decision. It is not a reason not to make that decision, if it is considered in the girls' interests to do so.
(4) Obviously in reaching this decision I am aware this is against the girls' wishes, but that it not the only factor. It is of course an important factor, particularly bearing in mind their ages but the court also has to consider their level of understanding of the issues involved and what factors have influenced their views. In this case I do not consider there is a balanced level of understanding by them of the issues involved, the focus has been on the negative aspects in a somewhat unfocussed way.
(5) The medical advice is for children to receive the vaccine even though it is accepted there are risks of side effects of the vaccine. The health risk of getting any of the diseases the vaccine prevents is clear. They are serious diseases that could have long term health consequences. That has not been a live issue in the case. If the mother had sought permission to call any expert evidence then it may have been necessary to consider any evidence required to respond to that. The recent issues raised by the girls regarding the ingredients of the vaccine have not been balanced with these other considerations.
(6) Both L and M clearly have good, strong and secure relationships with both their parents. This issue has put that under strain. It is unfortunate the parents were not able to reach a consensus on this issue; that would have been best for both the children. In the absence of that the responsibility falls on the court to exercise that parental responsibility for the parents having regard to the welfare interests of each child. Whilst I have carefully considered the effect on them of making a decision that does not accord with their wishes and feelings I am clear that the combination of the secure relationship they have with each parent and the responsibility on these parents to exercise their parental responsibility in the light of the court's decision will ensure that the consequences of the court's decision will be managed in a responsible way. As Ms Vivian said that is what parenting is about.