Curate challenges police over cleft palate abortion
The Rev Joanna Jepson, curate of St Michael's Church in Chester, was given the go-ahead for a legal action against Paul West, Chief Constable of West Mercia Police, over a decision not to bring charges.
Lord Justice Rose and Mr Justice Jackson, sitting in London, criticised late changes in the way the challenge was presented to the court but agreed the case raised "issues of law and issues of public importance" which should go to a full hearing.
Richard Gordon QC, appearing for Ms Jepson, 27, argued the police decision was fatally flawed.
There should have been further investigations with a view to prosecution because an abortion could never be justified under the 1967 Abortion Act on the basis that a cleft lip and palate were a "serious handicap", said Mr Gordon.
He also argued the views of the parents on the issue were "irrelevant" to what amounted to a serious handicap, and the Royal College of Obstetricians and Gynaecologists had failed to follow official guidelines.
Giving permission for a full hearing, Mr Justice Jackson said Ms Jepson had "substantial hurdles" to overcome in the next stage of her application for judicial review.
But he added: "Notwithstanding that I am persuaded, having listened to the statements of counsel, that this case does raise serious issues of law and issues of public importance which cannot be properly or fully argued in the context of a permission application".
The abortion at the centre of the case was carried out in 2001 when the woman, from Herefordshire, was more than 24 weeks pregnant the legal limit for abortions unless there is a risk of serious disability.
Ms Jepson believes that a cleft palate is not a serious handicap.
After today's successful application she said: "I am very thankful that the court has decided today to allow my case to go to trial.
"My teenage years were difficult due to facial abnormality. I also have a brother with Down's syndrome. We both live positive and fulfilling lives.
"The baby in this case did not have this opportunity, despite the availability of excellent and routine medical help. The benefits of this surgery would have been positive for both the child and family. However, the advice of the Royal College and the conduct of the doctors involved denied the baby these opportunities.
"The inaction of the police sadly betrays the true value of this baby's life.
"Finally, the positive response of the public as I have embarked on this litigation has been surprising and overwhelming. Each step has been taken with trepidation. I have been encouraged by the public's support.
"I hope we shall succeed at trial and recognise once again the value and dignity of our common humanity, disabled or able-bodied, no matter what we look like."
The Health Secretary and the Home Office, as well as the Royal College, will be notified of the decision in case they want to intervene at the full hearing.
