The mum and dad of critically ill baby Indi Gregory have lost their latest legal challenge in their fight to keep her on life support.
Dean Gregory and Claire Staniforth have been trying to prevent doctors from limiting the treatment they give to Indi, who will turn eight months old on Tuesday.
However, High Court judge Mr Justice Peel recently ruled that the medical staff were lawfully able to do so after hearing evidence about the baby’s condition at a private trial in the Family Division of the High Court in London.
Indi’s parents, who are from Ilkeston in Derbyshire, had challenged that ruling, but their challenge has now been dismissed by two judges from the Court of Appeal.
Lady Justice King and Lord Justice Birss listened to arguments during a hearing at the London court today.
Dean and Claire had argued that the ‘depth of the inquiry’ carried out by Mr Justice Peel had been ‘inadequate’, and they had been refused an ‘effective opportunity’ to obtain their own expert medical evidence.
As a result, they said, the High Court trial had been ‘procedurally unfair’.
The two judges concluded the pair did not have an arguable case and no ‘real prospect’ of winning an appeal.
Bosses at the governing trust of Queen’s Medical Centre in Nottingham told Mr Justice Peel earlier this month that Indi, who was born on February 24 2023, is dying due to mitochondrial disease.
Barrister Emma Sutton KC, who led the trust’s legal team, told the judge that Indi had an exceptionally rare and devastating neurometabolic disorder, and that the treatment she received caused pain and was futile.
As well as ruling that doctors were able to limit her treatment, Mr Justice Peel also ruled that Indi, her parents and the hospital could be named in reports.
However, he said medics treating the baby and a guardian appointed to represent her interests could not be named.
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