Legal challenge to abortion law

Editor's note - 14th February 2011 - The high court today rejected the changes to abortion law proposed by The British Pregnancy Advisory Service. There's an update to the article here.

13^th January 2011 - Women who have an early medical abortion should be allowed to complete the procedure at home, says the UK’s biggest abortion provider.

The British Pregnancy Advisory Service (BPAS) is seeking a High Court ruling that would allow women to take home the second of two doses of pills so that they did not need to return to the clinic to complete the process.

The Department of Health tells us it will contest the challenge.

Women having an early medical abortion (EMA) within the first nine weeks of pregnancy typically take two sets of pills 24-48 hours apart to induce a miscarriage.

1967 Abortion Act

The law says that any treatment for the termination of pregnancy must be carried out in a hospital or clinic. The effect of the Abortion Act means that all the medication for an EMA has to be prescribed and administered on licensed abortion premises.

BPAS is seeking a fresh interpretation of the law which would permit women to take the first dose of tablets at an abortion clinic and take away the second dose for use, at home. It argues that allowing home-administration of misoprostol - the medication needed to complete the abortion - would ease a woman’s anxiety that she might experience cramping and bleeding on her way back from the clinic.

BPAS says an amendment to the law would bring England, Scotland and Wales into line with countries such as France and Sweden. Any change would not apply in Northern Ireland where abortion is illegal except in exceptional medical circumstances.

Government to contest challenge

The Department of Health said the matter would be up to the courts to decide, but it would be opposing the legal challenge. It said it took the view that the law clearly stated any abortion treatment must be carried out in a hospital or clinic. “In the Government's view, this means that both tablets used for medical abortion must be administered on premises which have been approved under the Abortion Act,” a spokesman said in an email.

Ann Furedi, BPAS Chief Executive, accused the Government of pandering to the anti-abortion lobby. “It is wrong to compromise women’s care through unnecessary restrictions imposed by officials who fear criticism from those who oppose abortion in principle, Furedi said in a statement. “Where abortion is legal, it is our job to make sure women do not suffer unnecessary anxiety or discomfort.”

The pro-life lobby group, Society for the Protection of Unborn Children, accused BPAS of “trivialising abortion and jeopardising women’s welfare”.  It said it would seek leave to intervene in the court case, which is scheduled to be heard on the 28^th January.