‘It was entirely logical for the Secretary of State for Health in the exercise of his duty under section 3 of the National Health Service Act 2006 to provide a range of NHS services including abortion services throughout the United Kingdom on the basis of local residence. The Secretary of State was not obliged to exercise his discretion so as to extend free abortion services to women from Northern Ireland and failure to supply such a service was not a breach of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 22nd July 2015
‘In February 2012 Drs Sivaraman and Rajmohan were the subject of an undercover operation organised by The Daily Telegraph at various abortion clinics in England. The evidence obtained was passed to the police and, after an investigation, considered by the Crown Prosecution Service (CPS). It was concluded that in each case there was sufficient evidence of an abortion offence, although this was a finely balanced decision, but that it was not in the public interest to prosecute. On 5 September 2013 and, in more detail, on 7 October 2013 the CPS issued public statements explaining the decision making in these cases.’
CPS News Brief, 13th March 2015
‘A baby boy who survived a late abortion carried out because his mother’s life was in danger has been described as a “little miracle” by a judge.
Details of the boy’s survival emerged in a Family Court judgment which concluded that the boy should live with his father’s family as his mother said she was unable to look after him.’
Daily Telegraph, 13th January 2015
‘The right of conscientious objection under section 4(1) of the Abortion Act 1967 extended to the whole course of medical treatment which brought about the ending of a pregnancy including the medical and nursing care connected with the process, but only in relation to the actual looking after and treatment of the patient rather than the host of ancillary, administrative and managerial tasks associated with it.’
WLR Daily, 17th December 2014
Supreme Court, 17th December 2014
‘The Court of Appeal has declared that the failure of a hospital to consult a patient in their decision to insert a Do Not Attempt Cardiopulmonary Resuscitation Notice in her notes was unlawful and in breach of her right to have her physical integrity and autonomy protected under Article 8.’
UK Human Rights Blog, 17th June 2014
‘In a thoughtful piece in the Guardian, MP Sarah Wollaston calls for a review of the Abortion Act. She focuses on the decision by the General Medical Council (GMC) not to pursue Fitness to Practice proceedings against 67 doctors who had pre-signed, without assessing the women concerned, the forms used to authorise abortion. She concludes: “… it makes no sense to prolong outdated and paternalistic attitudes that only doctors can make judgments about whether the grounds for the Abortion Act are satisfied. It makes even less sense to leave the situation as it is now with doubts about the legal obligation for a doctor to have seen the woman to whom form HSA1 refers; clear guidance must be issued as to whether doctors may sign based on evidence from clinical nurse specialists. A change to allow clinicians other than doctors to certify directly would, however, require an amendment to the Abortion Act.
In my view, the act is no longer fit for purpose. This would be a good time for a wider review of the ethical arguments and public attitudes, and to establish a legal framework fit for the 21st century.” ‘
Halsbury’s Law Exchange, 2nd May 2014