Will School Children Be Offered Covid Vaccines'and If So What Duties Will Schools Have?

• Published date: 22 June 2021
• Subject Matter: Consumer Protection, Food, Drugs, Healthcare, Life Sciences, Education
• Law Firm: Wrigleys Solicitors
• Author: Ms Alacoque Marvin

Schools are already dealing with concerns about the possibility of vaccinating pupils.

Wrigleys' education team is aware that many schools and multi-academy trusts have recently received correspondence from campaigning groups expressing concerns about the possible participation of schools in any rollout of the vaccination programme to school age children and young people.

It is our understanding that no decision has been taken as yet about whether vaccinations will be offered to under 18s in the UK. We also understand that there has been no communication from the Department for Education (DfE) or Public Health England to prepare schools for any such rollout or to clarify what part schools might be asked to play.

Since the Pfizer vaccine was approved for 12-15 year olds in the UK by the Medicines and Healthcare products Regulatory Agency (MHRA) at the beginning of June, press reports have suggested that children may be offered the vaccine as early as the Autumn term. However, recent reports (such as this from the BBC Covid: Children aged 12-17 unlikely to be offered vaccine in UK) suggest that the upcoming statement from the Joint Committee on Vaccination and Immunisation (JCVI) is unlikely to recommend the vaccine is automatically offered to children in the near future.

Consenting to the vaccine

The rules around consent to vaccination for children are the same as those for consent to medical treatment. Briefly, those aged 16 and above are usually entitled to consent to their own medical treatment. Younger children who are "Gillick competent" (in other words they have the intelligence and competence to understand what is involved in their treatment) can consent to their treatment. Otherwise, someone with parental responsibility can consent on their behalf. Further details can be found at the following links:

https://www.nhs.uk/conditions/consent-to-treatment/children/

https://www.gov.uk/government/publications/consent-the-green-book-chapter-2

DfE guidance on Covid testing and the use of face coverings for children in schools has not been mandatory and no school can refuse to educate a child on the basis that they do not wear a face covering or fail to undergo non-symptomatic testing. If the vaccination programme is rolled out to school aged children, it will be highly unlikely to be a mandatory requirement for school attendance.

Whether schools may have any involvement in the delivery of any such vaccination programme is a separate whilst related point.

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