Foetal alcohol syndrome case dismissed by Court of Appeal - BBC op 04-12-2014

Foetal alcohol syndrome case dismissed by Court of Appeal - BBC op 04-12-2014

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. 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. 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. Three appeal judges at 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. 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".

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