In R (A and B) v Secretary of State for Health [2015] EWCA Civ 771, the Court of Appeal has dismissed a challenge to the past and present system for NHS funding of abortions for women coming from Northern Ireland to seek treatment. The first claimant was one of many women resident in Northern Ireland who come to England to have abortions because of the restrictive abortion law which applies in Northern Ireland. She was treated at a private clinic but then sought to challenge the legal position whereby women resident in Northern Ireland were not eligible for NHS abortion services in England; and the current position, whereby Clinical Commissioning Groups are entitled but not required to make free abortion services available to women from elsewhere in the UK. The Court of Appeal upheld the policy of the Secretary of State for Health, that the provision of free abortion services to women resident in Northern Ireland was the responsibility of the Northern Ireland Government and not the NHS in England and rejected a complaint of unlawful discrimination contrary to Article 14 ECHR.
Jason Coppel KC acted for the Secretary of State for Health
The judgment can be viewed here.
Press coverage can be viewed here.
