Legal status of foetus at centre of landmark case

A council - which cannot be named for legal reasons but is located somewhere in the north-west of England - is set to argue that a child who was born with serious health defects as a result of her mother's drinking habits should be given a compensation payout for being the victim of a crime. The child, who also cannot be named, was diagnosed with foetal alcohol syndrome (FAS) at birth. She is now six years old and living with foster parents.

Susan Fleisher adopted a three-year-old girl who she later learned was suffering from FAS, and has since set up a charity - the National Organisation for Foetal Alcohol Syndrome UK - to help people deal with the condition. The 67-year-old, whose daughter Addie is now 25, believes drinking while pregnant should never be considered a crime. "No mother deliberately holds a gun to their child's head," Mrs Fleisher said.

Current guidelines do not explicitly prohibit the consumption of alcohol for expectant mothers. The Department of Health guidance says that "women who are pregnant or trying to conceive should avoid alcohol altogether". But then it goes on to say that "if they do choose to drink, to minimise the risk to the baby, we recommend they should not drink more than 1-2 units once or twice a week, and pregnant women should not get drunk". The National Institute for Health and Care Excellence also concedes there is "uncertainty about how much alcohol is safe to drink in pregnancy".

However, in the case of the six-year-old girl at the centre of these ongoing proceedings, the mother did not adhere to anything close to these restrictions. An earlier tribunal hearing found she had "consumed grossly excessive quantities of alcohol" and had been "using drugs".

Janet Fyle, professional policy adviser at the Royal College of Midwives, said while FAS was not common, it could have devastating effects. While she could not comment on the legal case specifically, she added: "It's wrong for a woman to consume large amounts of alcohol while she is pregnant. But let's get away from the moral judgement. It is sold over the counter, as are cigarettes. And the law says the foetus has no legal status as it cannot live independently of the mother."

Pregnancy drinking examined as possible crime in landmark case bbc.co.uk 5th March 2014