Lorraine Harris's manslaughter conviction was quashed
A Derbyshire woman who was cleared of killing her four-month-old son has failed in her bid for compensation.
Lorraine Allen, formerly Harris, from Long Eaton, was convicted in 2000 of manslaughter, a verdict quashed three years later by the Court of Appeal.
She has since argued she was a victim of a miscarriage of justice and the government should compensate her.
But judges have upheld the Home Office's plea that she simply does not fit the narrow criteria for a payout.
At the original trial the jury was told her son, Patrick McGuire, suffered from "shaken-baby syndrome".
Mrs Allen, 39, who now lives in Scarborough, Yorkshire, was freed when new medical evidence suggested the injuries could have been caused in other ways.
Patrick McGuire was four months old when he died
The government refused compensation for her time in prison on the basis that it should be paid only where a "newly-discovered fact" established a miscarriage of justice.
A High Court judge ruled that although she had been cleared of manslaughter, it fell short of demonstrating beyond reasonable doubt that there had been a miscarriage of justice.
She took her case to the civil Court of Appeal where today three judges upheld that decision. Lord Justice Hughes said the case rested on the interpretation of the expression "miscarriage of justice".
House of Lords
Any conviction found to be unsafe had to be quashed and in one sense, it could be said there had been a miscarriage of justice, he said.
The appeal judge said Tim Owen QC, representing Mrs Allen, had accepted that her innocence had not been demonstrated beyond reasonable doubt or conclusively by the decision of the judges who quashed her conviction.
Mr Owen had argued that Mrs Allen should succeed because something went seriously wrong with her trial. But this was rejected by the court.
Mrs Allen is now seeking to take her case to the highest court of the land which sits at the House of Lords.