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Jenner and Quan v Felpersham Academy In light of a new (fictional) Omega COVID-19 variant, a modified vaccine has been developed and the Joint Committee

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Jenner and Quan v Felpersham Academy In light of a new (fictional) Omega COVID-19 variant, a modified vaccine has been developed and the Joint Committee on Vaccination and Immunisation has recommended that wide uptake is needed to avoid overwhelming the NHS. Evidence suggests that whilst children are unlikely to suffer serious illness from contracting Omega, they are a significant cause of its transmission. Parliament has enacted the Schools Vaccination Act Parliament. It is intended to reduce transmission of COVID-19 throughout the whole population. s. 1 Vaccination against COVID-19 (1) The head teacher or other governing body of a school may not permit pupils age 12 and over who are not vaccinated against COVID-19 to attend the school, unless (a) the pupil is exempt from vaccination or (b) a vaccination has not been offered to the pupil (2) The Secretary of State may by secondary legislation designate medical conditions which exempt a child from vaccination. (3) School is defined as any state or independently funded place where children from different households are educated together. 14 years old pupils Patricia Jenner and George Quan, supported by their parents, refuse the vaccination and are excluded from attending Felpersham Academy. In the High Court they challenge the Schools Vaccination Act 2022 s.1(1) under the Human Rights Act 1998 s.4 seeking a declaration of incompatibility. They argue: (1) The compulsion to be vaccinated violates their autonomy under Article 8. (2) The exclusion from school violates their right to education under Article 2 of Protocol 1. Instructions Write a skeleton argument submission on the two points of argument for the party you have been allocated to represent. You have been allocated as counsel for either Jenner and Quan or Felpersham Academy. It is a principle of justice that everyone is entitled to legal representation in order to equally make their case before the court, and it is good practice for you to make an argument for a client whose actions you do not agree with. However, if you strongly wish to approach the question from a side other than the one you have been allocated you may do so. Advice and examples of the structure of skeleton arguments can be found on Blackboard

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