No payout for girl damaged by mother’s alcoholism

Pregnant women are warned not to drink. Picture posed by model: Getty

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 no crime was committed.

The case was brought by a council in the north-west of England, which cannot be named. It had been argued that the woman ignored warnings and drank a “grossly excessive” amount of alcohol while pregnant, consisting of about eight cans of strong lager and half a bottle of vodka a day.

Three judges at the Court of Appeal had to rule on whether or not the girl was entitled to a payout from the Criminal Injuries Compensation Scheme as a victim of crime.

But Lord Justice Treacy said an “essential ingredient” for a crime to be committed “is the infliction of grievous bodily harm on a person – grievous bodily harm on a foetus will not suffice”.

The girl, who also cannot be named and was referred to in court as CP, suffers learning, development, memory and behavioural problems. The judge’s ruling also addressed whether or not a foetus should be considered a person independent of its mother.

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John Foy QC, representing the council, told the court CP’s mother drank the equivalent of 40-57 units of alcohol a day. National Institute for Health and Care guidelines suggest 7.5 units daily may damage a foetus.

Mr Foy said the young mother, in her second pregnancy, was aware of the dangers, adding: “She was reckless as to whether there would be harm to the foetus. She foresaw that harm might be caused but went on to take the risk.”

Ben Collins, for the Criminal Injuries Compensation Authority, had asked the court to reject the legal challenge. He said: “There is a conflict of ideas about what is or is not dangerous, not only in terms of drink but also in terms of smoking and food.”

He asked whether “a pregnant mother who eats unpasteurised cheese or a soft boiled egg knowing there is a risk that it could give rise to a risk of harm to the foetus” could be accused of a crime.

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 it was “an extremely important ruling for women everywhere”.

“The UK’s highest courts have recognised women must be able to make their own decisions about their pregnancies,” they said.

“Both the immediate and broader implications of the case were troubling. In seeking to establish damage caused to a foetus through heavy drinking was a criminal offence, it called into question women’s legal status while pregnant, and right to make their own decisions.”

Neil Sugarman, solicitor for CP, said the decision was “clearly disappointing” and that the case was not about women’s rights or “criminalising women”.

He said his practice represents about 80 other children with foetal alcohol syndrome and would now be looking at the implications of the ruling.

Julia Brown, chief executive of the Foetal Alcohol Spectrum Disorders Trust, said the case highlighted the need for pregnant women to be given advice about drinking, and support to stop if necessary. “There are no winners in this,” she added, saying she hoped it would be a “wake-up call” to make people think about the dangers of drinking when pregnant.

The NHS recommends pregnant women should not drink alcohol or at least limit intake to no more than two units a week.

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