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Foetal alcohol damages case dismissed by Court of Appeal Foetal alcohol syndrome case dismissed by Court of Appeal
(35 minutes later)
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.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 was born with severe brain damage and is now in care.The seven-year-old girl was born with severe brain damage and is now in care.
Lawyers argued her mother had poisoned her foetus but appeal judges ruled she had not committed a criminal offence.Lawyers argued her mother had poisoned her foetus but appeal judges ruled she 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.The case was brought by a council in the North West of England, which cannot be named for legal reasons.
It had been argued the woman ignored warnings and drank a "grossly excessive" amount of alcohol while pregnant.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.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.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." In their 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."
'Troubling implications'
The girl, who cannot be named and was referred to in court as CP, suffers with learning, development, memory and behavioural problems.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.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."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."
Foetal alcohol syndrome
Heavy drinking during pregnancy can lead to foetal alcohol syndrome (FAS).
Alcohol passes across the placenta from the mother to the developing foetus.
But the foetus cannot process alcohol effectively until the liver is fully developed and the high levels of alcohol can affect the development of organs and the brain.
Children with FAS are born with a range of disabilities, are often shorter than average and some have learning and behavioural difficulties.
People with the syndrome can have differences in their facial features such as a flat nose bridge, a small head and a thin upper lip.
It is thought that foetuses are most at risk during the first three months of pregnancy when organs are forming - but damage can occur at any time.
The British Pregnancy Advisory Service (Bpas) and the childbirth charity Birthrights welcomed the ruling.
Rebecca Schiller, co-chair of Birthrights and Bpas chief executive Ann Furedi said in a joint statement: "This is an extremely important ruling for women everywhere.
"The UK's highest courts have recognised that women must be able to make their own decisions about their pregnancies.
"Both the immediate and broader implications of the case were troubling. In seeking to establish that the damage caused to a foetus through heavy drinking was a criminal offence, the case called into question women's legal status while pregnant, and right to make their own decisions."
Neil Sugarman, the solicitor acting for CP, said after the ruling: "It's clearly disappointing and we've only had the judgement, and we need to look at the implications and weigh up our position.
"This was the lead case - we represent about another 80 children who've been damaged in the same way and there are probably others.
"So one of the objects was to get access to much-needed therapies and treatment that is not readily available on the NHS. That was the object of the exercise. It's not about women's rights, it's not about criminalising women."