What now for deprivations of liberty?
What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.
SPOTLIGHT |
SPOTLIGHT |
Sarah Fahy considers the correct approach to be taken when it comes to immunisations for children in care.
It is perhaps not commonly appreciated that the programme of immunisations for children in this country is not compulsory. A parent has the right to refuse for their child to be vaccinated. Where this issue becomes more contentious is where a local authority shares parental responsibility for a child.
It is not appropriate for a local authority to give its consent to the immunisations when faced with parental objection on this issue pursuant to s.33(3) Children Act 1989.
A recent case which sets out succinctly the correct approach when faced with this situation and the considerations for the court is Barnet London Borough Council v AL and others (Fam D) [2017] 4 WLR 53, also known as Re SL (Permission to Vaccinate) [2017] EWHC 125 (Fam). Keehan J also recently reaffirmed the principles set out within this case in a similar case which was before the High Court in December 2017 (published judgment awaited at the time of writing). The correct approach is as follows:
Sarah Fahy is a barrister at St Ives Chambers. She can be contacted on 0121 236 0863 or This email address is being protected from spambots. You need JavaScript enabled to view it..