English health personnel will be able to decide whether or not children will receive an anti Covid vaccine, given their consent and despite any parents’ opposition. According to the government guidelines published on Wednesday 15, vaccinations between the ages of 12 and 15 will be administered by the teams of the School Age Immunization Service (SAIS) who already carry out vaccinations against influenza and human papillomavirus (HPV) in the country. Schools have only the duty to make a special physical space available and to distribute information and consent forms to families.
The assumption of “Gillick’s competence”
In order to proceed, it is necessary to ascertain the existence in the specific case of the so-called “Gillick competence”, that is, when children under the age of 16 “can consent to their own treatment if it is believed that they have enough intelligence, competence and understanding to fully evaluate what is involved in their treatment ‘.
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Schools excluded from liability
While schools may host immunization services, they are not responsible for securing parental or child consent, for evaluating so-called “Gillick competence” or for mediating between parents and children who may disagree over consent. As the guidelines literally explain, this is the role of SAIS health professionals, who have extensive experience and expertise to manage such issues. The legal responsibility for offering Covid vaccines to children and young people lies with the SAIS and not with the school.
Authorization for informed consent
In the UK system of rules, parents can refuse to have their children vaccinated. Vaccination is not mandatory, although parents will be asked to give their consent. For their part, children can show their willingness to get the vaccine and have the ability to sign informed consent themselves. According to the guidelines, parents should be encouraged to speak with their children in advance so as to hopefully build a shared consent solution within the vaccination session.
The limits established by law
But what if a parent is against but the child wants to be vaccinated? Young people who fully understand what a specific act entails, as in the case of vaccination, can by law give authorization. If it was not given by the parent but the child wants to be vaccinated and is judged competent by a health care practitioner, the child can still be vaccinated. In this case, the healthcare provider will make every effort to contact the parents before proceeding to try to reach an agreement. However, it is expressly written, the parent cannot overrule the decision of a child who fully meets the criteria provided for by the legislation.