"This discrimination is set out in law": Suffolk mum responds to the High Court ruling on abortion

The appeal to change the law which allows babies with Down’s Syndrome, to be aborted up until birth has been rejected.

Julie Nightingale and daughter
Author: Collette HowePublished 23rd Sep 2021
Last updated 23rd Sep 2021

The High Court has rejected an appeal to make abortion illegal after 24 weeks for babies with Down's Syndrome.

Julie Nightingale is part of Suffolk’s Down’s Syndrome Support Group, and also has a 9 year old daughter with Down's syndrome. She says this law shows 'discrimination'.

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’s syndrome.

The legal challenge hoped to change this, so the 24-week limit would apply in these cases too.

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

However, judges rules that legislation is not unlawful and aims to strike a balance between the rights of the unborn child and of women.

Julie Nightingale says she's disappointed by the outcome:

“It really sends out a message to all in our society that those born with Down’s syndrome have less value.”

**“I don’t understand it, in this day of equal rights, why this decision is being made?“**

“This discrimination is set out in law… it’s been ruled in the high court. That’s just going to filter in to society."

Julie tells us about her 9 year old daughter who has Down's Syndrome.

“She doesn’t suffer, but she does need extra help with things…. Does that justify the decision that any other child can’t be aborted after 24 weeks, but someone like her can be aborted up to birth?”

Julie got the diagnosis post natal, and says she struggled in the first few months- but says these initial worries and concerns have disappeared.

“If you are expecting a child and you have that diagnosis… you don’t need to panic. You should just take time to talk to people, get advice, link up with a local group to talk to mums and other parents.”

For more support and advice for parents of children with Down's Syndrome, Julie recommends visiting PADS

One of the three claimants to the claim, 26 year old Heidi Crowter from Coventry, has said she will be seeking an appeal.