BRITAIN: A Church of England curate, the Rev Joanna Jepson, won permission yesterday to challenge a police refusal to prosecute doctors who carried out a late abortion on a woman because she did not want a baby with a cleft lip and palate.
The Rev Jepson, who is curate of St Michael's church in Chester, was given the go-ahead for a judicial review centred around Mr 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.
Mr 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. The abortion in question was carried out in 2001 when the woman was more than 24 weeks pregnant - the legal limit for abortions unless there is a risk of serious disability.