Undercover investigations, the granting of an appeal to challenge DIY abortions, and the withdrawal of an amendment to a parliamentary bill, made a busy start to July with regard to abortion laws in the UK.
The Court of Appeal reversed the decision of the High Court to reject a legal challenge against the delivering of pills through the post for DIY abortions.
Lord Justice Lewison ruled it was ‘arguable’ that the Health Secretary, Matt Hancock, had exceeded his powers under the 1967 Abortion Act. This followed his designation of ‘a pregnant woman’s home’ as a permissible place for abortion. Lord Lewison concluded that the arguments against Hancock’s actions had ‘a real prospect of success’ for two reasons. Only parliament can change the law and permitting DIY abortions frustrates the purpose of the Abortion Act, which is to ensure that abortions take place in safe and hygienic conditions.
An undercover investigation revealed that women with pregnancies over ten weeks were able to get hold of abortion pills, and that basic identification checks were not undertaken by abortion providers.
This appeared in the press the day before an amendment was withdrawn that would have permanently allowed abortions to take place at any location in cases of suspected domestic abuse. However, speaking for the government, Victoria Atkins MP promised that the current policy of home abortions would continue ‘until [a] public consultation concludes, and a decision has been made’. The consultation date is yet to be announced.
A statement from BPAS (a major provider of abortion services in the UK) on the investigations into a 28-week gestation ‘home abortion’ and a further eight documented abortions over 10 weeks said: ‘While we are investigating all nine cases to establish any learning points, it is absolutely clear that [home abortions] provide huge health benefits to women, with minimal associated risks.’ (See en July 2020 for NICE statistics on negative outcomes for women undergoing a medical abortion.)
