Critically ill baby’s family plan appeal after failing in Italy hospital bid

The parents of a critically ill baby have said they plan to appeal after losing 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.

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

Indi Gregory court case
Indi Gregory’s parents want to move her to a hospital in Rome (Family handout/PA)

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.

Lawyers representing Indi’s parents asked Mr Justice Peel earlier this week to allow her to be moved to Italy, but on Thursday the judge dismissed their application.

“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.”

Bosses at the Queen’s Medical Centre had argued that Indi’s parents’ application should be dismissed.

Indi’s parents are being supported by campaign group the Christian Legal Centre.

A spokesman for the centre said they aim to appeal.

Dean Gregory outside court
Indi Gregory’s father, Dean, outside court (Jonathan Brady/PA)

But he has allowed journalists to attend and said Indi could be identified in reports.

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

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

Indi Gregory court case
Eight-month-old Indi Gregory has mitochondrial disease (Family handout/PA)

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.

A Christian Legal Centre spokesman said Indi’s father “immediately instructed lawyers” to appeal.

He said Indi’s family wants to accept the Italian hospital’s offer “because the only alternative” offered by the Queen’s Medical Centre’s governing trust is “Indi’s death”.

“The expert medical opinions presented a way of treating Indi which they say is likely to save her life and make her better, yet the trust has angrily refused to consider it,” he said.

“Mr Justice Peel has simply rubber-stamped the trust’s position.

“Claire and I want to give our daughter every chance to survive and to improve, and it is very disturbing that Indi’s current treating clinicians will not co-operate with the air ambulance specialists.

“We have been given a real chance by the Bambino Gesu Paediatric Hospital which we want to take for our daughter.

“There is nothing to lose for us or for Indi.

“The offer from Italy is the only offer of treatment that we have, and, as Indi’s parents, we are prepared to take a risk to make that happen.

“Given that the medical evidence suggests she has a reasonable chance to survive and to improve, we believe it is in her best interests to be given that chance.

“We continue to be horrified at the trust and UK courts’ refusal to give her that chance.”

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