
2 minute read
Knockbreck Primary School
vaccines, the Court did not consider it necessary or appropriate delve into an assessment of the vaccines themselves nor seek expert evidence. The Court was satisfied that the National vaccination programmes were based on a wealth of scrutinised evidence and, as the vaccines had been approved and recommended by the UKHSA, the Court was satisfied that these vaccines are in the best interests of children at the specified ages. The Court acknowledged that vaccines are not free from a risk of harm to a child. It also acknowledged that not giving a vaccine also gives rise to a risk of harm to a child. However, before a National programme of vaccination is rolled out, such risks require to be carefully considered and balanced against the benefits of vaccination. For the Court’s purposes, this case was simplified to some extent as the child himself wished to have the vaccines. The Court was satisfied in the circumstances that the Local Authority, with a care order in place, could override the mother’s wishes in this case and proceed with the vaccinations.
COMMENTARY
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Whilst this is the first case relating to the administering of a Covid-19 vaccination, there have been a number of cases presented before the English Courts with similar disputes surrounding the administration of a vaccine to a child. In 2013, the case of FvF saw the High Court order that two children, aged 11 and 15, be administered the MMR vaccination, despite their mother’s and their own opposition. The children’s father was in favour of the children receiving the vaccination. Whilst the Court was bound to take the children’s views into account, it found their views lacked a mature and appropriate understanding of the issues surrounding the vaccination. The Court acknowledged their statutory duty to treat the child’s welfare as its paramount consideration and in the circumstances the children’s views could not override that duty. The children were therefore ordered to receive the vaccination. We are yet to see a case come before a Scottish Court regarding the Covid-19 vaccination. However, this English case law supports the approach we would expect a Scottish Court to take; to follow the National Government guidance in favour of vaccination in the absence of any specific contraindication relating to the child concerned.
Originally from Edinburgh, Natalie moved up to the Highlands in 2014. Natalie has a varied background, starting off her legal career in the private client sector. Natalie then spent a number of years specialising in personal injury law, family law, and criminal defence, during which time she was shortlisted as Trainee Solicitor of the Year at the Law Awards of Scotland.
KNOCKBRECK P4 CLASS RECREATE THE TITANIC
P4/5 at Knockbreck Primary School have thoroughly enjoyed their Titanic project with Miss Maclennan, Mrs Chisholm and Mrs Robbins. As part of their project, they re-created the Titanic itself.
NEW BARKED AREA FOR INFANTS AFTER SSE WORK
First day back after the Christmas holidays, Knockbreck had to shut the school due to a break in one of the electricity cables. SSE had to dig up our paths and also the Primary 1 and 2 learning garden. Sleepy face On a positive note SSE put it all back and also put in a new barked area!
