Family of critically ill baby lose legal battle to have her transferred to Italian hospital

The campaign group Christian Legal Centre said the judge had ruled against the move

Indi Gregory’s parents wish to take her to an Italian hospital (Family handout) (PA Media)

A High Court judge has ruled a critically ill baby cannot be moved to an Italian hospital for treatment, as her parents lost their latest legal battle to continue her life-support treatment.

Mr Justice Peel concluded, in a written ruling, that a transfer to Italy would not be in eight-month-old Indi Gregory’s best interests.

He had recently ruled that doctors treating Indi Gregory at the Queen’s Medical Centre in Nottingham could lawfully limit treatment.

Indi’s parents, Dean Gregory and Claire Staniforth, failed to persuade Court of Appeal judges in London, and judges at the European Court of Human Rights (ECHR) in Strasbourg, France, to overturn that decision.

But the couple, who are both in their 30s and from Ilkeston in Derbyshire, say an Italian hospital has now offered to treat Indi, and asked Mr Justice Peel to allow her transfer.

Indi Gregory had mitochondrial disease, a genetic condition that saps energy (Family handout/PA) (PA Media)

Following this latest defeat, the campaign group Christian Legal Centre have said they plan to appeal.

NHS bosses at the Queen’s Medical Centre say Indi’s parents’ application should be dismissed, and that further treatment would be futile.

Mr Justice Peel considered evidence at a private hearing in the Family Division of the High Court in London earlier this week.

The judge was told that the Bambino Gesu Paediatric Hospital in Rome had agreed to accept the little girl.

Lawyers representing Indi’s parents said there had been a “material” change of circumstances since he ruled that doctors could limit treatment, and Indi had a chance of a “longer life”.

Judges have heard that Indi, who was born on February 24, has mitochondrial disease – a genetic condition that saps energy.

In a statement released through the Christian Legal Centre earlier this week, Indi’s father Mr Gregory said: “We have been given a real chance by the Bambino Gesu Paediatric Hospital for Indi to get the care she needs and to have a longer life.

Indi’s father Dean Gregory has said she ‘deserves the chance’ to live (Victoria Jones/PA Wire)

He added: “We are amazed and truly grateful to the hospital and the Italian government, which has restored our faith in humanity.

“We are now begging doctors at the Queen’s Medical Centre and the lawyers representing the trust to work with Indi and us to secure her transfer to Rome.”

The father’s statement continued: “Indi deserves the chance for a longer life. We cannot force the NHS and courts in this country to care for Indi but together we can give her a chance with a truly amazing treatment plan in Italy.

“We hope and pray that the hospital and trust will do the right thing and help us and Indi.”

However, Mr Justice Peel concluded: “I am satisfied that the proposal for a transfer to Rome would not be in (Indi’s) best interests,” he said in his ruling.

“In my judgment, there is no material change of circumstances, or other compelling reason, to justify reconsideration of my original order. The application is dismissed.”

Specialists treating Indi had told the court she was dying and the treatment she receives causes pain and is futile.