A young child is not entitled to compensation over its mother's excessive drinking while pregnant, the Court Of Appeal has ruled.
Three appeal judges said the reason was that the mother had not broken the law by drinking too much during the pregnancy.
The ruling was a blow to the local authority which had fought for criminal injuries compensation on behalf of the child, known as CP.
CP, who is now aged seven, has learning, development, memory and behaviour problems.
In their unanimous ruling the judges said: "The central reason is that we have held that a mother who is pregnant and who drinks to excess despite knowledge of the potential harmful consequence to the child of doing so is not guilty of a criminal offence under our law if her child is subsequently born damaged as a result."