Police told how to search a woman's home and her phone for evidence she's had an abortion
As anti-abortion groups in the UK step up their tactics and women's rights are being rolled back globally, the National Police Chiefs' Council has issued guidance in the UK telling officers how to search women's phones, menstrual-tracking apps and homes following a pregnancy loss, if they're suspected of having had an illegal abortion.
Branding the guidance 'harrowing' and flagging concerns that police did not consult with abortion providers before issuing it, Katie Saxon, Chief Strategic Communications Officer at the British Pregnancy Advisory Service, said, "As an abortion provider, we know how the police treat women suspected of breaking abortion law. But to see it in black and white, after years of criticisms of the way an outdated law is enforced, is harrowing.
"To write it without any public conversation or discussion with experts, to tell police to use women's period trackers and medical records against them, to tell them to evade the restrictions of medical confidentiality shows just how detached from reality the NPCC are."
Saxon labelled the guidance as the "clearest sign yet that women cannot rely on the police, the Crown Prosecution Service, or the courts to protect them – the only way to stop this is to remove women from the criminal law on abortion."
Due to an old Victorian law dating back to 1861, women can face up to life in prison for having an abortion if certain strict criteria is not met, as outlined in the Abortion Act of 1967 (which made terminating a pregnancy legal in some specific circumstances).
Cosmopolitan UK, along with BPAS and more than 30+ other women's rights groups and healthcare organisations, is currently calling for MPs to scrap 1861 in an upcoming vote, believing women deserve compassion not prosecution – and that abortion is healthcare, and should not be tied in with the law.
For much of recent history, nobody was investigated in relation to having had a suspected abortion. But in the last two years, six women have appeared in court under the basis of this law and healthcare providers report that the number of women being investigated is the highest it's been in decades.
Leading abortion providers say they have received hundreds of requests from police for private patient data in recent times.
The new guidance could further fuel a "culture of hostility and suspicion towards abortion and pregnancy loss", added Louise McCudden, MSI Reproductive Choices' UK Head of External Affairs. "To publish such draconian guidance about a legal medical procedure, without input from abortion providers or the wider medical community, shows an alarming disregard for the real world implications for the women involved.
"When you have unjust, Victorian laws that govern women's bodies, it's no surprise that this leads to unjust regressive policing that overrides women's bodily autonomy."
Many women who are investigated are vulnerable, with experts in the field pointing out they could be victims of domestic abuse, seeking an abortion as they simply cannot afford a child during the cost of living crisis, and/or are suffering with serious mental health issues.
When asked about the new guidelines for officers, a National Police Chiefs' Council spokesperson said it is not routine for police to investigate unexpected pregnancy loss. "An investigation is only initiated where there is credible information to suggest criminal activity, and this would often be because of concerns raised from medical professionals. Each case would have a set of unique factors to be assessed and investigated depending on its individual circumstances."
The spokesperson added, "It would be at the discretion of the senior investigating officer leading the case to determine which reasonable lines of enquiry to follow.
"We recognise how traumatic the experience of losing a child is, with many complexities involved, and any investigation of this nature and individuals will always be treated with the utmost sensitivity and compassion. There is no standardised policy to investigate illegal abortions. Police will always work closely with health partners to prioritise the welfare of everyone involved."
Responding to the news, Rhiannon White, founder of Clue, a popular menstrual cycle app, told Cosmopolitan UK that it would not comply with data requests from the police, and reminded users of the app to set up a pin, FaceID or fingerprint access on their phones. She also sought to highlight how women can request for their data to be deleted from Clue, or an equivalent app, at any time.
"We have never - and will never - share health data with authorities. We will aggressively challenge any such requests and will never allow our members' data to be used against them," White explained, adding that the Clue team have been shocked and outraged to learn that UK police have been issued such guidance.
"We have spoken loudly on this subject, particularly in the US since Roe Vs Wade was overturned in 2022. This same position applies to every region around the world," White adds. "As a business, we have built our foundations on protecting women's rights to data privacy, body autonomy and health equity."
Along with 30+ other women's rights groups and healthcare organisations, including the Royal College of Obstetricians and Gynaecologists and leading abortion care providers BPAS and MSI, Cosmopolitan UK is calling for urgent abortion law reform. We believe abortion is healthcare – and should never be criminalised. If you'd like to support the campaign, you can learn more here.
Jennifer Savin is Cosmopolitan UK's multiple award-winning Features Editor, who was crowned Digital Journalist of the Year for her work tackling the issues most important to young women. She regularly covers breaking news, cultural trends, health, the royals and more, using her esteemed connections to access the best experts along the way. She's grilled everyone from high-profile politicians to A-list celebrities, and has sensitively interviewed hundreds of people about their real life stories. In addition to this, Jennifer is widely known for her own undercover investigations and campaign work, which includes successfully petitioning the government for change around topics like abortion rights and image-based sexual abuse. Jennifer is also a published author, documentary consultant (helping to create BBC's Deepfake Porn: Could You Be Next?) and a patron for Y.E.S. (a youth services charity). Alongside Cosmopolitan, Jennifer has written for The Times, Women's Health, ELLE and numerous other publications, appeared on podcasts, and spoken on (and hosted) panels for the Women of the World Festival, the University of Manchester and more. In her spare time, Jennifer is a big fan of lipstick, leopard print and over-ordering at dinner. Follow Jennifer on Instagram, X or LinkedIn.
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