Christian campaigners lose abortion clinic buffer zone legal challenge

Judges said the council had ‘lawfully followed the democratic and consultative procedures’ when it made the Public Spaces Protection Order.
A written ruling was delivered in the High Court case of Christian campaigners who challenged a council order restricting activities around an abortion clinic (Anthony Devlin/PA)
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Aine Fox15 December 2023
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Christian campaigners have lost their High Court challenge to a council order which put in place a so-called buffer zone outside an abortion clinic.

A Public Spaces Protection Order was made a year ago to restrict activities around the Robert Clinic in Bournemouth, Dorset, which is run by the British Pregnancy Advisory Service (BPAS).

Campaign organisation Christian Concern and Livia Tossici-Bolt, who leads an anti-abortion group called 40 Days for Life Bournemouth, questioned the validity of the order.

To the extent that the order interferes with the human rights of the first claimant... the interference is justified by the legitimate aim of protecting the rights of women attending the clinic

High Court ruling

Campaigners argued that the “buffer zone” around the clinic “criminalises prayer and reading from the Bible”.

During the case, which was heard earlier this year, lawyers representing the council told judges that the order placed restrictions on the “activities of various groups and individuals present outside” the clinic.

In their written ruling on Friday, Lord Justice Warby and Mrs Justice Thornton said the council had “lawfully followed the democratic and consultative procedures” when it made the order.

The judges said any interference with human rights of the campaigners was justified by the “legitimate aim” of protecting the rights of women using the clinic.

Peaceful witness near abortion centres are helpful to many women in crisis pregnancies, offering genuine choice by providing support

Andrea Williams, Christian Legal Centre

They said: “To the extent that the order interferes with the human rights of the first claimant and those of non-parties on which she has relied in support of her claim, the interference is justified by the legitimate aim of protecting the rights of women attending the clinic, their associates and the staff. Both claims are dismissed.”

Christian Concern said it intends to appeal against the ruling.

Andrea Williams, chief executive of the Christian Legal Centre, said: “The measures brought in by Bournemouth Council are disturbing in that they prevent women from being given access to alternatives to abortion.

She said: “Peaceful witness near abortion centres are helpful to many women in crisis pregnancies, offering genuine choice by providing support”, and argued there is “no evidence whatsoever to show that anyone is being harassed outside abortion clinics”.

A Bournemouth, Christchurch and Poole council spokesperson said: “We welcome the High Court judgement which upholds the introduction of a Public Spaces Protection Order at Ophir Road in Bournemouth.

“The terms of the PSPO remain in place and any alleged breaches of this order will continue to be investigated.”

Rachael Clarke, chief of staff at BPAS, said they are “delighted to see common sense prevail in court”.

She added: “Our staff and the women we care for spent years in Bournemouth being hounded and harassed by people as they sought to access our clinic. We have hundreds of first-hand accounts of the negative impact of this activity.”

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