Baby’s father ‘heartbroken’ after bid to take treatment case to Europe fails

Eight-month-old Indi Gregory is critically ill with mitochondrial disease.

Indi Gregory has an exceptionally rare condition that has left her critically ill (family handout/PA) (PA Media)

The father of a critically ill eight-month-old has said he is “heartbroken” after losing the latest round of a life-support treatment fight.

Indi Gregory’s parents, Dean Gregory and Claire Staniforth, had lost legal fights in London and wanted judges at the European Court of Human Rights (ECHR) in Strasbourg, France, to consider the case.

But campaign group the Christian Legal Centre, which is supporting the couple – who are both in their 30s and from Ilkeston, Derbyshire – said an application has been rejected.

A spokesman said doctors can now “legally withdraw treatment”.

Mr Gregory said he is “heartbroken” by the ECHR decision, but “no longer surprised”.

A High Court judge recently ruled doctors could lawfully limit the treatment they provide to Indi, and her parents failed to persuade appeal judges to overturn that decision.

The Christian Legal Centre said Indi’s parents initially wanted a European judge to “prohibit” the withdrawal of “life-sustaining treatment” until the ECHR had considered the case.

But the spokesman said the ECHR had “rejected the application”.

In a statement released by the Christian Legal Centre, Mr Gregory said: “As a father and parent, I was willing to do everything I could to save my daughter’s life from inhumane decisions and people trying to play God.

“I’m heartbroken by the decision but I am no longer surprised.

“I believe it comes down to costs and resources and in the eyes of the NHS and the courts in this country and Europe, Indi is not worth it.

“To us she is everything and we will do everything we can to help until the end as it is our duty as parents to protect her.”

Mr Justice Peel had ruled doctors could limit treatment after considering evidence at a recent private trial in the Family Division of the High Court.

He heard Indi, who was born on February 24, has mitochondrial disease, a genetic condition that saps energy, and is being treated at the Queen’s Medical Centre in Nottingham.

Specialists say she is dying and bosses at the hospital’s governing trust asked Mr Justice Peel to rule doctors could lawfully limit treatment provided to her.

Barrister Emma Sutton KC, who led Nottingham University Hospitals NHS Foundation Trust’s legal team, told Mr Justice Peel that Indi is critically ill and has an exceptionally rare and devastating neurometabolic disorder.

She said the treatment Indi receives causes pain and is futile.

Mr Justice Peel had considered evidence behind closed doors, but he allowed journalists to attend the hearing and ruled Indi, her parents and the hospital could be named in reports.

He ruled medics treating Indi and a guardian appointed to represent her interests could not be named.

Dr Keith Girling, medical director at Nottingham University Hospitals NHS Trust, said: “Cases like this are incredibly difficult for everyone and our thoughts are with Indi’s parents.

“Today’s decision by the European Court of Human Rights concludes what has been a very difficult process.

“Our priority now is to provide the best possible care to Indi and to support her parents during this difficult time.”