The parents of a critically ill baby have lost another round of a life-support treatment fight.
A High Court judge on Thursday refused to allow Indi Gregory’s parents to move her to a hospital in Rome.
Dean Gregory and Claire Staniforth wanted Court of Appeal judges to overturn Mr Justice Peel’s decision.
But two appeal judges on Saturday dismissed the couple’s appeal bid after considering written arguments.
Lady Justice King and Lord Justice Peter Jackson released a written ruling outlining their decision.
An appeal would have no chance of success— Lady Justice King and Lord Justice Peter Jackson
They concluded that Indi’s parents did not have an arguable case.
“An appeal would have no chance of success,” said the two appeal judges in their written ruling.
“Indeed we have reached the clear view that after reading all the evidence and arguments that the decision was sadly inevitable and right, and that it was reached with the degree of care that is always appropriate in such a serious matter.”
Mr Justice Peel had concluded that a transfer to Italy would not be in eight-month-old Indi’s best interests.
The two appeal judges said Mr Justice Peel had given the parents’ request for a move to Italy “careful attention”.
They said his decision was “not wrong or unfair” and concluded that there was “no compelling reason” for an appeal hearing.
Mr Justice Peel had earlier ruled that doctors treating Indi at the Queen’s Medical Centre in Nottingham could lawfully limit treatment.
Indi’s parents had 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.
Lawyers representing the couple, who are both in their 30s and from Ilkeston in Derbyshire, had told Mr Justice Peel how an Italian hospital had now offered to treat Indi.
They had asked Mr Justice Peel to allow the little girl to be moved to the Bambino Gesu Paediatric Hospital in Rome.
Lawyers argued that there had been a “material” change of circumstances since the judge ruled that doctors could limit treatment, and said Indi had a chance of a “longer life”.
Bosses at the Queen’s Medical Centre had disagreed and argued that Indi’s parents’ application should be dismissed.
Mr Justice Peel has considered evidence at private hearings in the Family Division of the High Court in London.
But he has allowed journalists to attend and said Indi could be identified in reports.
Judges have heard that Indi, who was born on February 24, has mitochondrial disease – a genetic condition that saps energy.
Specialists say Indi is dying and bosses at the hospital where she is being cared for asked for a ruling that doctors could lawfully limit treatment.
Medics say the treatment Indi receives causes pain and is futile.
Her parents disagree and want treatment to continue.
What is happening in this case sets a very worrying precedent— Andrea Williams, of the Christian Legal Centre
The couple are being supported by campaign group Christian Concern and its sister organisation, the Christian Legal Centre.
A Christian Concern spokesman said on Saturday that lawyers were considering the next move.
Andrea Williams, chief executive of the Christian Legal Centre, said: “The law is there to protect life and the most vulnerable in our society.
“What is happening in this case sets a very worrying precedent with regard to that principle.
“It is very concerning that a child can be held against the parents’ wishes when they have alternative treatment available.
“Transferring Indi to Italy involves no cost to the taxpayer or the NHS.
“What is it at the heart of this case that is preventing Queen’s Medical Centre from allowing Indi to be transferred to Rome?
“We need reform.”
