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Foetal alcohol damages case dismissed by Court of Appeal Foetal alcohol damages case dismissed by Court of Appeal
(35 minutes later)
A child born with foetal alcohol syndrome is not legally entitled to compensation as a victim of crime, the Court of Appeal has ruled. A child born with foetal alcohol syndrome is not legally entitled to compensation after her mother drank excessively while pregnant, the Court of Appeal has ruled.
The seven-year-old girl, known as CP, was born severely brain damaged and suffers with learning, development, memory and behavioural problems. The seven-year-old girl was born with severe brain damage and is now in care.
Lawyers had argued her mother was guilty of poisoning her foetus by drinking excessively while pregnant. Lawyers argued her mother had poisoned her foetus but appeal judges ruled she had not committed a criminal offence.
But appeal judges ruled the mother had not committed a criminal offence. The case was brought by a council in the North West of England, which cannot be named for legal reasons.
At the heart of the case was whether or not the foetus was an independent person at the time of the alcohol consumption. It had been argued the woman ignored warnings and drank a "grossly excessive" amount of alcohol while pregnant.
She consumed eight cans of strong lager and half a bottle of vodka a day, the court heard.
The Court of Appeal had to rule on whether or not the girl was entitled to a payout from the government-funded Criminal Injuries Compensation Scheme as a victim of crime.
In the ruling, the three appeal judges said: "The central reason is that we have held that a mother who is pregnant and who drinks to excess despite knowledge of the potential harmful consequence to the child of doing so is not guilty of a criminal offence under our law if her child is subsequently born damaged as a result."
The girl, who cannot be named and was referred to in court as CP, suffers with learning, development, memory and behavioural problems.
BBC News legal correspondent Clive Coleman said the case was significant because it centred on whether or not a foetus was considered a person, independent of its mother.
He said: "This case was hugely important, because campaigners argued that if the Court of Appeal had said it was possible for a mother to commit a crime by poisoning her foetus with excessive alcohol, it would have had the effect of criminalising pregnant women who drank excessively, knowing the dangers of alcohol to their foetus."