Have a question?
033 3772 0409

Personal Injury Solicitors

Appeal Court rules woman who drank while pregnant and harmed unborn child “did not commit criminal offence” (5 December 2014)

Date: 05/12/2014
Duncan Lewis, Personal Injury Solicitors, Appeal Court rules woman who drank while pregnant and harmed unborn child “did not commit criminal offence”

A court has ruled that a mother who drank heavily while pregnant and whose baby was born with alcohol-related disabilities is not guilty of a crime.

The Guardian reports that judges sitting in the Court of Appeal ruled unanimously that, although the woman’s drinking had inflicted lifelong damage on her child, her actions did not constitute a criminal offence.

The ruling has established legal limits regarding the rights of the unborn child.

Legal action was taken against the woman by the Local Authority involved in the child’s care. Had the Appeal Court ruled in favour of the Local Authority, it would have had future implications for mothers who drink while pregnant – and could have led to drinking alcohol while pregnant becoming a criminal offence.

The child at the centre of the case is now seven years’ old and is in the care of the Local Authority. She was born with foetal alcohol spectrum disorder (FASD) – a condition which can result in facial abnormalities, slow or stunted physical development and problems with cognitive function such as behavioural difficulties or poor memory or concentration.

The child cannot be named for legal reasons but is referred to as “CP” in court papers and is in the care of a Local Authority in the northwest of England. Her mother no longer has contact with her.

While pregnant, the mother had been warned by her social worker of the dangers of drinking alcohol while pregnant – it is reported she drank half a bottle of vodka and eight cans of strong lager a day.

The council caring for her had claimed that, as a result of her mother drinking alcohol while pregnant and the resultant disability the child suffered, she was entitled to compensation under the Criminal Injuries Compensation Scheme.

In order for a claim to be made under the scheme, the court had to rule that the mother’s drinking had constituted a crime – or the child had suffered violence as a result of her mother’s actions while pregnant.

The case centred on existing legislation relating to poisoning – Section 23 of the Offences Against the Person Act 1861.

The legislation requires the victim of poisoning to be “another person”.

The three judges sitting in the Court of Appeal– Lord Justice Dyson, Lord Justice Treacy and Lady Justice King – agreed, however, that although an unborn child is a “unique organism”, it is not “a person”.

Lord Justice Treacy said that because the damage to the child was caused in the womb, at the time of the damage the child did not have a separate existence legally.

Lord Justice Dyson added:

“Parliament could have legislated to criminalise the excessive drinking of a pregnant woman, but it has not done so …”
“Since the relationship between a pregnant woman and her foetus is an area in which parliament has made a (limited) intervention, I consider that the court should be slow to interpret general criminal legislation as applying to it.”

The Guardian reports that up to 80 other claims on behalf of children suffering from FASD have been awaiting the outcome of the Court of Appeal judgment.

The British Pregnancy Advisory Service has, however, opposed the criminalisation of women who drink while pregnant, claiming that this might deter women who need support for alcohol issues from seeking help during their pregnancy.

Duncan Lewis Personal Injury Solicitors – Children’s Claims

Duncan Lewis personal injury solicitors can advise on making no win no fee claims for compensation in cases where a child has suffered injury as a result of another party’s negligence, including but not limited to:

• Accidents at school claims
• Animal attack claims
• Birth injury claims
• Claims for accidents in public places
• Dog bite claims
• Holiday accident and illness claims
• Road traffic accident claims
• Sexual and physical abuse claims
• Sports injury claims.

Children have until the age of 21 in which to make a compensation claim – parents and guardians can also act as a child’s Litigation Friend in compensation claims made on behalf of children under the age of 18.

Duncan Lewis is a leading firm of Legal Aid solicitors and can advise on making a claim under the Criminal Injuries Compensation Scheme or via the civil court.

For expert legal advice on no win no fee compensation claims for children, call Duncan Lewis personal injury solicitors on 020 7923 4020.


For all Personal Injury related matter contact us now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.