Legal News

A landmark case in the Appeal Court could mean that pregnant women who drink and have a child with a disability may be charged with a criminal offence if alcohol is found to have contributed to the child’s disability.

A Local Authority in England is currently bringing a case in the Court of Appeal, claiming that a six-year-old who was born with brain damage is a victim of crime because her mother poisoned her through drinking alcohol while she was pregnant, despite having been warned of the risks.

None of the parties in the case can be named to protect the child’s identity –
but if the case is successful, it could not only mean pregnant women who knowingly drink alcohol while expecting a baby could face criminal charges –
but Local Authorities and adoptive parents of children brain injured as a result of exposure to alcohol in the womb could be awarded compensation to cover the medical care of the child.

Lawyers representing the Local Authority said that the council had considered making an application for compensation to the Criminal Injuries Compensation Authority (CICA), but the CICA has appealed claiming that as the child was a foetus at the time of injury, she was not “a person”.

Women who are pregnant are currently advised to avoid drinking alcohol – and if they do drink it is recommended they exceed no more than two units a week (the equivalent of 175ml of wine).

Babies in the womb absorb nutrients from their mother’s diet via the umbilical cord and any toxin a mother ingests can also be passed to her unborn baby via the umbilical cord.

The Mail online reports that the current case involves a Local Authority from the northwest of England and as many as 80 lawyers representing children who suffered brain injury at birth as the result of exposure to alcohol during pregnancy – a condition referred to as foetal spectrum alcohol disorder.

The effects of alcohol on the unborn child may result in poor birth weight and impaired development and growth, as well as learning disabilities, cognitive impairment, facial disfigurement and long-term health problems.

Long-term alcohol use in adults is known to affect the ability of brain cells to regenerate healthily and people with severe alcohol issues suffer serious side effects during therapies to reduce their alcohol intake or stop drinking altogether.

Many alcoholics develop physical symptoms of brain injury and nerve damage, such as trembling and shaking hands – as well as speech impairment and cognitive impairment.

Up to 7,000 children every year are thought to suffer injury as a result of exposure to alcohol in the womb, and may experience behavioural and developmental issues as a result.

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