Foetal alcohol syndrome child refused Supreme Court compensation bid

A seven year old girl born with foetal alcohol syndrome has been refused permission to take her case for criminal injuries compensation to the UK Supreme Court.

The girl, whose mother drank excessively while pregnant, was born with severe brain damage.

The Court of Appeal ruled in December that the girl, now in care, was not legally entitled to compensation.

Permission to appeal was refused because an arguable point of law was not raised, the Supreme Court said.

An application was made to the Criminal Injuries Compensation Authority on her behalf on the basis that the girl was the victim of crime because her mother had administered a noxious substance to her.

The case was originally brought by a council in north-west England, which cannot be named for legal reasons. The Court of Appeal rejected a decision of the First Tier Tribunal awarding her compensation.

Foetal alcohol syndrome
Heavy drinking during pregnancy can lead to foetal alcohol syndrome (FAS). This is because alcohol passes across the placenta from the mother to the developing foetus and foetus cannot process alcohol effectively as  the liver is not fully developed. High levels of alcohol can affect the development of organs and the brain.

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. 

Children with FAS are born with a range of disabilities, are often shorter than average and some have learning and behavioural difficulties. Often there are differences in their facial features such as a flat nose bridge, a small head and a thin upper lip.

The NHS recommend that pregnant women should not drink at all - adding that those who choose to have a drink should have no more than two units of alcohol once or twice a week.

Alcohol Abuse in Pregnancy Could Soon Be a Crime

Widely reported at the minute is this speculation about the fact that drinking might soon become a crime for pregnant women in the UK. This is following an unprecedented court hearing to decide on the right of a child whose mother drank "grossly excessive quantities of alcohol" during pregnancy to receive compensation.

The local authority in the north-west of England, which cannot be named for legal reasons, is seeking to show that the mother of a six-year-old girl who was born with foetal alcohol syndrome committed a crime (under the Offences Against the Persons Act 1861 by drinking during her pregnancy). if the court agrees with the council, "it would set a precedent that could be used in criminal prosecutions of mothers whose babies are born with foetal alcohol spectrum disorder". The British Pregnancy Advisory Service and legal charity Birthrights have applied to address the court on the case. They believe the ruling could undermine women's freedom to make decisions for themselves while pregnant. The organizations are also afraid that it might deter women who need support from seeking help during pregnancy and put health professionals under pressure to report women suspected of drinking to the police.

An earlier tribunal hearing of the same test case ruled that the child was the victim of a crime. Judge Howard Levenson found that there had been "administration of a poison or other destructive or noxious thing, so as thereby to inflict grievous bodily harm". However, the Criminal Injuries Compensation Authority appealed against this decision and was backed by the upper tribunal of the administrative appeals chamber. It ruled that a crime could not have been committed because the girl was unborn at the time and therefore "not a person". The court of appeal will hear the case later this year.

Foetal alcohol syndrome is a complex condition which includes retarded growth, facial abnormalities and intellectual impairment. Children who display certain psychological aspects of the syndrome – including learning difficulties and an inability to connect emotionally with their peers – but do not have the physical manifestations, are said to suffer from foetal alcohol spectrum disorder.Other factors, including nutritional status, genetic makeup of mother and foetus, age and general health, are believed to play a role in the syndrome. The number of cases of foetal alcohol syndrome has tripled since records were first kept 16 years ago. with 252 diagnoses of the syndrome in England in 2012-13. Experts say that the figures suggest an improved ability to diagnose the condition and a failure to deal with alcohol abuse.

The Department of Health advises that alcohol is to be avoided in pregnancy, while the independent National Institute for Health and Care Excellence advises women to avoid alcohol in the first three months of pregnancy because of the risk of a miscarriage.

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