Council defeats Court of Appeal challenge over ‘safe zone’ around abortion clinic

August 21, 2019

The Court of Appeal has dismissed an appeal over a High Court ruling that a public spaces protection order (PSPO) made by Ealing Council and establishing a safe zone outside a Marie Stopes abortion clinic was lawful.

The Court – comprising the Master of the Rolls Sir Terence Etherton, Lady Justice King and Lady Justice Nicola Davies – heard the case last month (16 and 17 July 2019).

In Dulgheriu v LB of Ealing the judges held that:

In the present case, the protests went far beyond simply causing irritation, annoyance, shock or disturbance to the service users, responses which could properly still fall within the protection of Articles 10 and 11 of the European Convention on Human Rights.
Given the established persisting impact upon the quality of life on those visiting the centre as a consequence of the activities of the protest groups, a PSPO was necessary to strike a fair balance between protecting the rights of the service users on the one hand and the protesters on the other. The judge was entitled so to conclude and further to have determined that the creation of a Safe Zone, within which the protesters could not enter, and the provision of a Designated Area someway off, in which limited protest could take place, was a proportionate response.
The criticisms of the terms of the PSPO as being too vague were also overstated. Each of the particular prohibitions in the PSPO had to be viewed as aspects of the prohibition on protesting against abortion in the Safe Zone. Viewed in that way, they were not impermissibly vague.

The Court of Appeal unanimously dismissed the appeal and upheld the council’s PSPO in full.

In May 2018 Mr Justice Turner rejected a call by the claimants, members of the Good Counsel Network who are strong proponents of a pro-life stance, for the order to be quashed.

Cllr Julian Bell, Leader of Ealing Council, said: “We’re delighted the Court of Appeal has decided to keep our safe zone in place to clinic users and local people from harassment and intimidation. Since we introduced the zone in April 2018, it has been working well and we have seen a dramatic reduction in activities having a detrimental effect and there has been a significant improvement to the quality of lives of local people.

“We hope the judgement will provide encouragement for other councils facing similar issues, but at the end of the day, this is a national issue that deserves a national solution. I’d call on the Home Secretary to introduce Ealing-style safe zones across the country so other communities and visitors can also be protected.”

Cllr Joanna Camadoo-Rothwell, Ealing Council cabinet member for Community Safety and Inclusion, said: “It has taken a long time and a lot of effort to get this far but the ruling will ensure that our community and clinic users continue to be protected by this order.

“I’m very proud that we have created the country’s first safe zone in Ealing and the judgement is a vindication of the approach we have taken based on the evidence gathered and following local consultation.”

Cllr Camadoo-Rothwell added: “We are extremely pleased the judges are also satisfied that we have followed the correct procedures to protect our residents and clinic users from the behaviours that have a detrimental effect on them. Intimidating and harassing behaviour should not and, thanks to the ruling, will not be tolerated.”

As part of the safe zone, a designated area has been made available west of the clinic on Mattock Lane for members of represented groups to carry out protests and vigils. These activities will be subject to several restrictions which will not apply in any areas outside that covered by the PSPO. Anyone who breaches the order can be given a fixed penalty notice or prosecuted under the law.