Police in Hereford-shire are at the centre of a judicial review being taken to the High Court by a woman attempting to tighten the UK's abortion laws.

The case revolves around West Mercia Constabulary's failure to investigate allegations of unlawful killing made against doctors in Hereford who terminated a pregnancy at six months because the mother-to-be did not want to give birth to a baby with a cleft lip and palate.

Abortion beyond 24 weeks was made illegal in 1990 unless doctors believe there is a substantial risk that the child would be born 'seriously handicapped'.

Joanna Jepson, who made the initial allegations, now wants to use the Hereford case to force the courts to clarify what constitutes a 'serious handicap' and whether a cleft lip and palate should be considered as such.

The 27-year-old curate in the Chester diocese told the Hereford Times this week she was on a personal crusade for a cause very close to her heart.

"I underwent corrective surgery for a congenital jaw abnormality myself and my brother was born with Down's Syndrome. It's something I feel very strongly about," she said.

Abortions after 24 weeks are controversial because the foetus has a reasonable chance of surviving outside the womb.

A late termination for cleft lip and palate is particularly contentious because a relatively simple operation to rectify the condition leaves little or no obvious deformity.

According to papers submitted to the High Court by Joanna Jepson's solicitors, the current legislation leaves 'a dangerous element of subjectivity'.

The submission states: "If seriousness varies with parental perception, the protection (provided by the Abortion Act 1967) is seriously diminished.

"Some parents might regard the absence of a finger as a 'serious handicap'. No responsible clinician would.

"To bow to parental perception is an abdication of clinical and legal responsibility."

The chief constable of West Mercia Constab-ulary Paul West, the defendant in the case, has expressed his intention to contest all aspects of the claim.

In a statement made to the High Court on his behalf, Mr West states: "In February 2003 Detective Inspector Williams received via the Metropolitan Police a report of unlawful abortion.

"The letter suggested that an offence had been committed under section 58 of the Offences against the Person Act (because) an abortion was carried out on a foetus over 24 weeks gestation for 'cleft lip and cleft palate'.

"The writer of the letter suggested that a child with a cleft lip or cleft palate cannot be regarded as 'seriously handicapped' within the meaning of the Abortion Act 1967.

"DI Williams considered that the issue of 'serious handicap' was a medical one. He sought the advice of Miss Heather Mellows, the vice-president of the Royal College of Obstetricians and Gynaecologists.

"Miss Mellows considered the relevant abortion notification form. She indicated that the abortion notification form was correctly signed.

"The police have acted within the proper remit of police operational discretion."