[2014] UKSC 68

UKSC 2013/0124

Greater Glasgow Health Board (Appellant) v Doogan and another (Respondents) (Scotland)
On appeal from the Inner House of the Court of Session

This appeal relates to conscientious objection under the Abortion Act 1967 which provides that "no person shall be under any duty... to participate in any treatment authorised by this Act to which he has a conscientious objection". From the outset of their employment with the appellant health board, the respondent senior midwives, both Roman Catholics, objected to and were exempted from directly participating in the treatment of patients undergoing terminations. Following a service reorganisation, the numbers of abortions performed at the hospital where they worked increased. They sought confirmation from the appellant that they would not be required to delegate to, supervise or support other midwives providing care to such patients. The appellant declined to give this assurance, rejecting the respondents' grievance and subsequent appeal. The respondents challenged the latter decision by way of judicial review, contending that it contravened s.4(1) of the Abortion Act 1967. They were unsuccessful at first instance but succeeded on appeal to the Inner House. The Greater Glasgow Health Board appealed to the Supreme Court.

The Supreme Court unanimously allows the appeal and sets aside the declarator made in the Inner House.

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