Hm interesting chunder - DH is a solicitor & felt very much this was not the sort of case that should end up at the courts. I see what you are saying though, but legal challenges cost money & it may be practically easier to refuse to comply - because I think it is unlikely a doctor would force anyone to have a vaccination - especially for the 15 year old. I also thought capacity had to be considered on a day by day basis so presumably the children could be found to have capacity on the day (no matter that they didn't have it last week) & entitled to refuse. I know procedures such as force feeding are sometimes carried out under court order - but usually as a matter of life & death? (Presume the same may be the case for blood transfusions although that may be against the wishes of the parents rather than child - I feel this case is more like force feeding as it is against the wishes of the individuals).
This case has confirmed to me that ds1 will have to always live with us. A vaccination has the potential to be disastrous for him, and while experts in his condition agree with this, generalists are unlikely to know enough about this to understand this. God knows what will happen when we die.
The irony of course is that the medical interventions we want them to do (checking teeth, vision, mending broken legs, etc are very difficult to do due to lack of compliance so don't get done).
Something I hadn't realised until talking to people about this is that girls are asked to consent to HPV at 12 & parental consent is not always sought. It does seen as if it is far easier to consent to receive than refuse a vaccination. The same test of capacity should be applied to both decisions - I'm sure the girls consenting for HPV are not subjected to quizzes of their understanding of vaccination issues prior to being given the vaccination.