Vaccinations continue to be a significant issue for separated parents, especially where communication is strained or views differ on what is best for their child. As a family lawyer, I regularly support parents who find themselves unable to reach an agreement on routine childhood vaccinations or newer immunisations recommended by the NHS.
This blog explains the legal position, the risks of disagreement, and the steps parents can take— including what application should be made to the Family Court.
Do parents need to agree to vaccinations?
Yes.
Where both parents hold Parental Responsibility (PR), they must both agree to decisions involving a child’s health and medical treatment—including vaccinations.
Most parents reach agreement without difficulty. However, when views differ, the dispute can quickly escalate, affecting communication, co‑parenting, and most importantly, the child’s wellbeing.
Common reasons for disagreement
Parents usually disagree on vaccinations due to:
- Concerns about side effects or long‑term implications
- Conflicting information from online sources
- Cultural or personal health beliefs
- Past negative experiences with healthcare
- Breakdown in trust between parents
Regardless of the reason, the focus in law remains firmly on the child’s welfare.
What are the risks of not agreeing?
Disagreement itself is not the risk—delay is.
If parents cannot agree, a child may miss:
- Routine immunisations recommended by the NHS
- Time-sensitive vaccinations such as influenza or travel vaccines
- Protection against preventable illnesses like MMR, tetanus, meningitis, HPV
Delays can also create:
- Tension at handovers or contact
- Increased conflict in messaging or communication
- A sense of uncertainty for the child
Unresolved disputes about health can also spill over into other areas of the parenting relationship, leading to further applications to the court.
What is the court’s view on vaccinations?
The family courts in England and Wales have consistently held that:
- Routine NHS‑recommended vaccinations are in a child’s best interests, unless there is credible medical evidence to suggest otherwise.
Judges rely heavily on public health guidance, the NHS vaccination schedule, and expert evidence where necessary. Case law has repeatedly confirmed that vaccinations are generally a matter of medical benefit, not parental preference.
What if one parent refuses consent?
If discussions, mediation or solicitor negotiation do not resolve matters, a parent may apply to the Family Court for a decision.
The correct application is a:
Specific Issue Order (SIO) – under Section 8 of the Children Act 1989
This asks the court to decide whether the child should receive the vaccination.
The court may also make a Prohibited Steps Order (PSO) if a parent fears the other may vaccinate the child without consent while proceedings are ongoing.
What will the court consider?
The court will apply the welfare checklist, looking at:
- The child’s health needs
- Current NHS and medical guidance
- Any specific medical vulnerabilities
- The extent of parental disagreement
- Any relevant expert evidence
- The overall impact on the child’s welfare
Typically, the court will follow mainstream medical advice unless there are exceptional reasons not to.
How can parents avoid court?
Before applying to court, parents should try:
- Direct discussion (where safe to do so)
- Using a communication platform like OurFamilyWizard or AppClose
- Consultation with the GP or health visitor together
- Mediation with a trained family mediator
- Legal advice to understand rights and options
Avoiding court is almost always better for the child—both emotionally and practically.
When court is necessary
Some disputes simply can’t be resolved without judicial input, especially where:
- Communication between parents has broken down
- Evidence is needed about medical risks or benefits
- One parent is strongly opposed to vaccinations
- There is a history of parental conflict or safeguarding concerns
In these cases, a Specific Issue Order provides clarity and ensures the child’s health needs are prioritised.
Vaccinations are ultimately about safeguarding a child’s health. When parents disagree, the law provides a clear pathway to resolve the issue in the child’s best interests. If you are struggling to agree on vaccination decisions, obtaining early legal advice can save time, reduce conflict, and ensure your child receives the protection they need.
How can we help?
Rina Mistry is a Legal Director in our Family Law team, advising on a wide range of family law work, and in particular specialising in private children law, international family matters, and domestic abuse.
If you need any advice concerning the subjects discussed above, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our solicitors can provide, along with details of our hourly rates.
For more information or advice, please call Rina or another member of our team in Derby, Leicester, or Nottingham on 0808 258 0461 or contact us via our online form.
Contact usIf this article relates to a specific case/cases, please note that the facts of this case/cases are correct at the time of writing.