The parents of a critically ill baby have asked European judges to consider their case after losing life-support treatment fights in London.
A High Court judge recently ruled that doctors could lawfully limit the treatment they provide to eight-month-old Indi Gregory, and her parents, Dean Gregory and Claire Staniforth, have failed to persuade appeal judges to overturn that decision.
Two Court of Appeal judges on Monday concluded that Indi’s parents, who are both in their 30s and from Ilkeston, Derbyshire, did not have an arguable case and no “real prospect” of winning an appeal.
A spokesman for Indi’s parents said lawyers had made an application to the European Court of Human Rights (ECHR) in Strasbourg, France.
Indi’s parents are being supported by campaign group the Christian Legal Centre.
A spokesman for the centre said lawyers had filed an application to the ECHR early on Thursday.
He said Indi’s parents initially wanted a European judge to “prohibit” the withdrawal of “life-sustaining treatment” until the EHCR had considered the case
Mr Justice Peel had heard evidence about Indi’s condition at a private trial in the Family Division of the High Court.
He heard that Indi, who was born on February 24 2023, had 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 that 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 was critically ill and had an exceptionally rare and devastating neurometabolic disorder.
She said the treatment Indi received caused pain and was futile.
Mr Justice Peel had considered evidence behind closed doors, but he allowed journalists to attend the hearing and ruled that Indi, her parents and the hospital could be named in reports.
He ruled that medics treating Indi and a guardian appointed to represent her interests could not be named.
The Christian Legal Centre spokesman said in a statement: “After exhausting domestic remedies, the family of Indi Gregory has this morning filed an application with the European Court of Human Rights asking for ‘interim measures…’ before 4pm today to prohibit withdrawal of life-sustaining treatment until the ECHR has considered the case.”
Mr Gregory said in a statement: “The whole experience of the court system is completely one-sided.
We now hope and pray that the ECHR takes forward the case— Dean Gregory
“From day one all we ever wanted was for Indi to have a fair trial and to be allowed to have an independent specialist, not affiliated with the NHS, to provide expert evidence.
“What you would think is a fair and basic wish and right, however, has been denied to us and we have not been given that opportunity.”
He added: “To us, Indi is everything, and is worth the cost and fighting for to give her a chance to live.
“As parents we believe it is our duty to do everything we can to protect our child.
“Claire and I are both heartbroken that the courts and NHS are not doing more to help us.
“It shouldn’t be anybody’s right to end somebody’s life.
“We now hope and pray that the ECHR takes forward the case.”
