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23/01/2006
Mother loses abortion 'right to know' case
A mother-of-five has lost her High Court battle for parents to have the right to know if girls under 16 are being advised about abortions.
Sue Axon, 52, from Baguley, Manchester, brought the action because she had undergone an abortion 20 years ago and said she wanted to ensure that neither of her two teenage daughters would be able to have an abortion without her knowledge.
Mrs Axon also wanted parents to be informed if their children had advice or treatment for sexually transmitted infections.
However, Mr Justice Silber ruled that no parent had the right to know unless the child decided otherwise. He said that forcing a girl to tell her parents "may lead her to make a decision that she later regrets or seek the assistance of an unofficial abortionist."
Mrs Axon, whose eldest daughter Joy is pregnant and expecting a baby which is due on her 17th birthday on March 25, said she was "obviously disappointed" by the decision, but did not regret bringing the proceedings. She said: "Having endured the trauma of abortion, I brought the case to ensure that medical professionals would not carry out an abortion on one of my daughters without first informing me. I could then discuss such a life-changing event with her and provide the support she would need.
"I hope these proceedings will help parents and children to recognise the trauma of abortion and to talk openly about sexual matters.
"It is only then that our children can be protected from potentially damaging advice offered by professionals who do not know them."
The government welcomed the decision. Public Health Minister Caroline Flint said: "This judgement confirms that our guidance is fully in line with the law.
"I understand this is a very difficult issue which is why, whilst recognising the high value young people place on confidentiality, our guidance makes it clear that healthcare professionals should always try and persuade a young person to involve their parents.
"And in the cases where this is not possible, every effort should be made to help them find another adult to provide support - for example, another family member or specialist youth worker."
Ms Flint also said that confidentiality was "not absolute". She said: "Where a health professional believes that there is a risk to the health, safety or welfare of a young person, which is so serious as to outweigh the young person's right to privacy, the case should be referred through local child protection procedures for appropriate action to be taken."
Ms Flint said that further guidance on how to handle potential abuse or sexual activity, which is judged as "likely to cause significant harm", would be published shortly.
(KMcA/SP)
Sue Axon, 52, from Baguley, Manchester, brought the action because she had undergone an abortion 20 years ago and said she wanted to ensure that neither of her two teenage daughters would be able to have an abortion without her knowledge.
Mrs Axon also wanted parents to be informed if their children had advice or treatment for sexually transmitted infections.
However, Mr Justice Silber ruled that no parent had the right to know unless the child decided otherwise. He said that forcing a girl to tell her parents "may lead her to make a decision that she later regrets or seek the assistance of an unofficial abortionist."
Mrs Axon, whose eldest daughter Joy is pregnant and expecting a baby which is due on her 17th birthday on March 25, said she was "obviously disappointed" by the decision, but did not regret bringing the proceedings. She said: "Having endured the trauma of abortion, I brought the case to ensure that medical professionals would not carry out an abortion on one of my daughters without first informing me. I could then discuss such a life-changing event with her and provide the support she would need.
"I hope these proceedings will help parents and children to recognise the trauma of abortion and to talk openly about sexual matters.
"It is only then that our children can be protected from potentially damaging advice offered by professionals who do not know them."
The government welcomed the decision. Public Health Minister Caroline Flint said: "This judgement confirms that our guidance is fully in line with the law.
"I understand this is a very difficult issue which is why, whilst recognising the high value young people place on confidentiality, our guidance makes it clear that healthcare professionals should always try and persuade a young person to involve their parents.
"And in the cases where this is not possible, every effort should be made to help them find another adult to provide support - for example, another family member or specialist youth worker."
Ms Flint also said that confidentiality was "not absolute". She said: "Where a health professional believes that there is a risk to the health, safety or welfare of a young person, which is so serious as to outweigh the young person's right to privacy, the case should be referred through local child protection procedures for appropriate action to be taken."
Ms Flint said that further guidance on how to handle potential abuse or sexual activity, which is judged as "likely to cause significant harm", would be published shortly.
(KMcA/SP)
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