Legal challenge over abortion buffer zone rejected

A legal challenge against a decision to impose an abortion clinic ‘buffer zone’ that includes residential properties has failed. However, the court clarified that the behaviour in private homes and gardens was not covered by the Order.

Meanwhile, draft guidance on buffer zones fails to fully protect silent prayer.

The ruling related to a 150-metre public space protection order (PSPO) imposed in October 2022 around a Bournemouth clinic which prohibits (among other conduct) prayer and Scripture reading. It is the first time private residential properties are within the geographical reach of a PSPO.

The High Court rejected the argument that the council had no power under the Anti-Social Behaviour, Crime and Policing 2014 Act to make an order restricting and criminalising otherwise lawful activities conducted in private places.

While the 2014 Act does not authorise the making of a PSPO except for public places, the court concluded that on its wording, the Order did not affect activities on private land.

The court said: ‘If the true effect of the Order was to prohibit any activity in any place that is not a “public space” it would to that extent be ultra vires and unlawful.’ This Order is aimed exclusively at behaviour in public places (but it could, said the judges, have been drafted more clearly).

However, they also indicated that conduct such as silent prayer within the buffer zone could be objectional and could be considered ‘detrimental’ on the local community. Breaching the PSPO could result in a fine and up to six months’ imprisonment.

Christian Concern, who brought the case with Livia Tossici-Bolt, who leads 40 Days for Life Bournemouth, are to appeal the decision (no date has yet been set).

In December, the government published a consultation on guidance for Abortion Clinic Safe Access Zones, which states that silent prayer could breach the rules – despite acknowledging prayer is an ‘absolute’ right under human rights law.

The guidance states: ‘Prayer within a Safe Access Zone should not automatically be seen as unlawful. Prayer has long received legal protection in the United Kingdom and these protections have not changed as a result of section 9. Silent prayer, being the engagement of the mind and thought in prayer towards God, is protected as an absolute right under the Human Rights Act 1998 and should not, on its own, be considered to be an offence under any circumstances.

‘However, where an individual is praying, but their conduct is also intrusive, this is likely to be an offence under section 9.’ This could include silent prayer.

In 2022, the Supreme Court issued a ruling in relation to the Abortion Services (Safe Access Zones) (Northern Ireland) Bill. The judges unanimously noted that the circumstances with which the Bill is concerned includes women and clinic staff being ‘compelled to listen to speech or witness silent prayer which is unwanted, unwelcome and intrusive’.

Andrea Williams, chief executive of Christian Concern, said: ‘Peaceful witness near abortion centres is helpful to many women in crisis pregnancies, offering genuine choice by providing support. Whatever the guidance or law says, arresting peaceful pro-lifers in these zones clearly breaches their human rights.’