High Court Rules that Silent Prayer Outside Abortion Clinics May Cause Harm
Judges rejected the legal challenges against the BCP council, citing their lawful adherence to democratic and consultative procedures when imposing restrictions. This comes after the government stated that silent prayer outside of abortion clinics is not unlawful unless it becomes intrusive. The Bournemouth, Christchurch and Poole Council’s creation of abortion clinic buffer zones using a Public Spaces Protection Order (PSPO) was subject to legal challenges. The judges in the High Court dismissed the claims made by Livia Tossici-Bolt, a former clinical scientist, and the Christian Concern group, finding that the council had followed the democratic and consultative procedures well, and that the buffer zones were in place to protect the rights of women and staff at the clinic.
The PSPO restricts a range of activities, including approving or disapproving abortion using graphic, verbal, or written means, as well as prayer and counselling. They were implemented based on claims that women were harassed by pro-life demonstrators outside of the clinics. The judges explained that the order’s interference with some human rights is justified by protecting women attending the clinic, their associates, and the staff. The claimants had argued that these prohibitions are unreasonable and that they interfere with human rights, but the judges disagreed.
They were also not convinced that the council’s consultation exercise was flawed or that the evidence base was inadequate. The judges stated that the activities can be considered “detrimental” to a person’s quality of life and “unreasonable” even if they are quietly conducted or informative. The ruling was met with disappointment but plans to appeal were announced. Mrs. Tossici-Bolt’s group will continue supporting women in crisis pregnancies, while Christian Concern will appeal the ruling and called upon the government to reconsider the introduction of buffer zones across the country by the Public Order Act 2023.
In a draft guidance on enforcing the new buffer zone law, the Home Office said silent prayer isn’t unlawful “under any circumstances” unless the person’s “conduct is also intrusive.”
