Mothers-to-be who drink could be branded criminals: Landmark court case of pregnant teen who consumed 'half a bottle of vodka and eight cans of strong lager a day'

Landmark case could make drinking while pregnant a criminal act 

Woman, then 17, drank vodka and beer while pregnant with second child 

Girl, now six, was born disabled as a result of her mother's drinking

Court of Appeal reserves judgement on whether it was 'a crime of violence'

Women who drink heavily during pregnancy could be branded criminals as a result of a landmark court case.

Lawyers for a girl born disabled because of her mother’s excessive alcohol consumption say the woman committed a ‘crime of violence’.

By drinking half a bottle of vodka and eight cans of strong lager a day, they argue she administered a ‘noxious’ substance to her unborn child.

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Landmark case: The woman, then 17, drank vodka and beer while pregnant with second child, a girl who is now six, who was born disabled as a result of her mother's drinking

In a case that could have far-ranging implications for expectant mothers, the Court of Appeal was yesterday asked to rule that irresponsible drinking in pregnancy should be unlawful. 

There are understood to be around 80 similar actions ready to be launched if the case is successful. 

The woman, who was 17 at the time, was drinking bottles of vodka and cans of high-strength lager on a daily basis while she was expecting her second child, the court heard.

The girl, now six, was born with foetal alcohol syndrome and suffered growth retardation as a result of her mother's drinking.  

Lawyers for child 'CP', who cannot be named for legal reasons, asked three judges to rule in a test case that the girl is entitled to compensation after being born with an alcohol-related disorder.

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The Court of Appeal reserved its judgement on whether the woman committed 'a crime of violence' against her child when she drank a 'grossly excessive' amount of alcohol while pregnant

'Excessive drinking is never good during pregnancy': NHS midwife

If the appeal succeeds, it could pave the way for pregnant women's behaviour to be criminalised, according to the British Pregnancy Advisory Service (BPAS) and Birthrights,

After a day-long hearing Lord Dyson, the Master of the Rolls, sitting with Lord Justice Treacy and Lady Justice King, said the court would take time to consider its decision.

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The 17-year-old as downing half a bottle of vodka and eight cans a lager a day while expecting

The judges were told that the mother was drinking 'an enormous amount' while pregnant with CP, including a half-bottle of vodka and eight cans of strong lager a day.

John Foy QC, appearing for CP, said that was the equivalent of 40-57 units of alcohol a day. Guidelines issued by the National Institute for Health and Care Excellence (Nice) were that 7.5 units might damage a foetus.

Mr Foy was representing a council in the North West of England which now has responsibility for CP and is fighting for an award on her behalf under the Criminal Injuries Compensation Scheme.

He said the mother 'was aware of the dangers to her baby of her excessive consumption during pregnancy'.

He added: '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, appearing for the Criminal Injuries Compensation Authority (CICA), asked the court to reject CP's legal challenge.

He told the judges: '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.'

Mr Collins 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' might also find herself accused of a crime. 

HOW BOOZE HARMS UNBORN BABY 

Foetal Alcohol Spectrum Disorder is an umbrella term describing disabilities and behavioural problems suffered by children as a result of their mother’s drinking while pregnant.

There are no reliable figures for how many children and adults in the UK have it.

But some experts say one in every 250 babies is born with it – more than 3,000 in this country a year.

Children tend to suffer behavioural problems such as hyperactivity, learning difficulties and epilepsy.

They also often have distinct physical features including a flat face, snub nose and widely spaced eyes. The severity of the problem usually depends on how much their mother drank – but it will remain with them for the rest of their lives.

The disorder is caused by alcohol flowing through the placenta into the foetus and damaging cells in the brain and spinal cord.

Some studies have found that the alcohol causes most harm during the early stages of pregnancy when these organs are developing. The NHS advises women not to drink any alcohol during pregnancy but, if they must, to limit themselves to one to two units once or twice a week, and never get drunk.

But figures show that only half of all pregnant women give up alcohol completely during pregnancy and most do not cause their babies any harm.

Some experts say the condition is triggered by a complex range of factors including genes, a mother’s age and her diet – as well as alcohol.

Read more: http://www.dailymail.co.uk/news/article-2822365/Mother-child-centre-landmark-drinking-pregnancy-court-case-downing-half-bottle-vodka-eight-cans-strong-lager-day-expecting.html#ixzz3IJTmkCo6 
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