Down Syndrome Support Service says High Court ruling on abortions 'appalling'

Heidi Crowter, from Coventry, is one of the three claimants who brought legal action against the Department of Health and Social Care in the hope of removing a section of the Abortion Act they believe to be an “instance of inequality”.

In England, Wales and Scotland, there is a 24-week time limit on having an abortion, but terminations can be allowed up until birth if there is “a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped”, which includes Down syndrome.

At a two-day hearing in July, lawyers representing the claimants argued the law is incompatible with the European Convention on Human Rights, and therefore unlawfully discriminatory.

But, in a ruling on Thursday, their case was dismissed by two senior judges, who concluded the legislation is not unlawful and aims to strike a balance between the rights of the unborn child and of women.

Campaigner Heidi Crowter. Pic: PA

Wendy Uttley, a founder member of Bingley-based Down Syndrome Training and Support Service, said the ruling was a “massive shame”.

“It sends a massively negative message to people with Down Syndrome,” she said.

“It’s quite a hidden issue anyway, not many people are aware of it, and most are shocked when they find out you can terminate a Down Syndrome baby up to the point of birth.

“The message this gives society is that people with Down Syndrome do not belong, it’s not a positive message.

“They are saying a child with Down Syndrome will suffer but that is wrong, the children don’t suffer and with the right support they can achieve amazing things.

“Just this week we had George Webster who is going to present on Cbeebies, I’ve known him since he was a baby, and my own son gets on with his life.”

Other successful people with Down Syndrome include Bradford’s Coronation Street actor Liam Bairstow, and Line of Duty’s Tommy Jessop, who stole the show at the recent National Television Awards.

“The fact people are being told they don’t have a life worth having, it’s appalling, and I can’t believe they’ve upheld it.

“The fight isn’t over, I hope they push ahead.

“They are saying this person should not be here but who are we to judge? It’s like playing God, it’s beyond comprehension.”

Campaigners outside the High Court. Pic: PA

Lord Justice Singh and Mrs Justice Lieven said at the outset of the judgment: “The issues which have given rise to this claim are highly sensitive and sometimes controversial.

“They generate strong feelings, on all sides of the debate, including sincere differences of view about ethical and religious matters.

“This court cannot enter into those controversies; it must decide the case only in accordance with the law.”

The judges concluded that the legislation is a matter for Parliament, which can take account of a range of views, rather than the courts.

They added: “The evidence before the court powerfully shows that there will be some families who positively wish to have a child, even knowing that it will be born with severe disabilities.

“But the evidence is also clear that not every family will react in that way.

“As it was put on behalf of the defendant, the ability of families to provide a disabled child with a nurturing and supportive environment will vary significantly.

“The evidence is also clear that, although scientific developments have improved and earlier identification may be feasible, there are still conditions which will only be identified late in a pregnancy, after 24 weeks.”

Ms Crowter, who leads the campaign, added: “I am someone who has Down Syndrome and I find it extremely offensive that a law doesn’t respect my life, and I won’t stand for it.

“I want to change the law and I want to challenge people’s perception of Down’s syndrome. I want them to look at me and say, ‘this is just a normal person’.

“That’s what this is about. It’s about telling people that we’re just humans with feelings.”

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