Court of Appeal to hear appeal next week over council ban on vigils outside abortion clinic

The Court of Appeal will next week hear an appeal by claimants who unsuccessfully challenged Ealing Council's decision in 2018 to introduce – through a public spaces protection order – a “safe zone” outside an abortion clinic.

The appellants have been seeking to challenge the PSPO so that they can return to the vicinity of the Marie Stopes UK West London Centre and hold vigils.

Mr Justice Turner rejected their claim in the High Court in Dulgheriu & Anor v The London Borough of Ealing [2018] EWHC 1667 (Admin).

The judge said: “Having, in the circumstances of this case, undertaken a structured proportionality review, I have concluded that the defendant's decision to make a PSPO ought not to be quashed in whole or in part on this challenge.”

He also made the following observations:

• This was not a case about the rights and wrongs of abortion;
• The genuineness of the motives of the activists on both sides of the debate could not be doubted;
• His conclusions in this case did not give the green light to local authorities to impose PSPOs as a matter of course upon areas in the immediate vicinity of abortion clinics. “Each case must be decided on its own facts.”

Ranjit Bhose QC, Kuljit Bhogal and Tara O’Leary of Cornerstone Barristers act for Ealing Council.