Doogan & Anor v NHS Greater Glasgow & Clyde Health Board [2013] ScotCS CSIH_36 (24 April 2013)

Doogan & Anor v NHS Greater Glasgow & Clyde Health Board [2013] ScotCS CSIH_36 (24 April 2013)

The right of conscientious objection under section 4(1) of the Abortion Act 1967 extends to any part of the treatment given for the purpose of terminating a pregnancy, including delegation, supervision, and support duties, except where treatment is necessary to save life or prevent grave permanent injury. The Act should be interpreted to allow individuals to be true to their beliefs while remaining respectful of the law.

Citation
[2013] ScotCS CSIH_36
Parties
Petitioner and Reclaimer: Mary Teresa Doogan; Petitioner and Reclaimer: Concepta Wood; Respondent: NHS Greater Glasgow & Clyde Health Board
Jurisdiction
Scotland
Judgment Date
24 April 2013
Procedural Posture
Judicial Review / Appeal (inner House, Court of Session, Extra Division)
Outcome
Appeal allowed
Legal Topics
Conscientious Objection, Abortion Law, Scope of Employment Duties, Interpretation of Statutes
Employment Law Health Law Human Rights Law Conscientious Objection Abortion Law Scope of Employment Duties Interpretation of Statutes

Case Brief

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Parties

Mary Teresa Doogan

Petitioner and Reclaimer

Concepta Wood

Petitioner and Reclaimer

NHS Greater Glasgow & Clyde Health Board

Respondent

Procedural Posture

Judicial Review / Appeal (inner House, Court of Session, Extra Division)

Legal Issues

  1. 1 What is the scope of the right of conscientious objection under section 4(1) of the Abortion Act 1967 for hospital staff?
  2. 2 Does the right extend to duties of delegation, supervision, and support related to abortion procedures?

Ratio Decidendi

The right of conscientious objection under section 4(1) of the Abortion Act 1967 extends to any part of the treatment given for the purpose of terminating a pregnancy, including delegation, supervision, and support duties, except where treatment is necessary to save life or prevent grave permanent injury. The Act should be interpreted to allow individuals to be true to their beliefs while remaining respectful of the law.

Court Disposition

Appeal allowed

Orders

  • Matter to be put out by order for further discussion as to necessary orders, with respondents expected to give undertakings respecting the court's decision.