The parents of a critically ill baby have asked European judges to consider their case after losing their battle for life-support treatment in London.
A High Court judge recently ruled that doctors could legally limit the treatment they give to eight-month-old Indi Gregory, and her parents, Dean Gregory and Claire Staniforth, have failed to persuade appeals courts 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, had no arguable case and had no “real prospect” of winning an appeal.
A spokesman for Indi's parents said lawyers had applied to the European Court of Human Rights (ECHR) in Strasbourg, France.
Indi's parents are supported by the Christian Legal Centre's campaign.
A spokesman for the center said lawyers filed a petition with the ECtHR early Thursday.
He said Indi's parents initially wanted a European judge to “ban” the withdrawal of “life-sustaining treatment” until the EHCR considered the case
Mr Justice Peel had heard evidence about Indi's condition in private proceedings in the Family Division of the High Court.
He heard Indi, who was born on February 24, 2023, had mitochondrial disease, a genetic condition that depletes energy, and was being treated at Queen's Medical Center in Nottingham.
Experts say she is dying and bosses at the hospital's management trust have asked Mr Justice Peel to rule that doctors could legally limit her treatment.
Barrister Emma Sutton KC, who led the legal team for Nottingham University Hospitals NHS Foundation Trust, told Mr Justice Peel that Indi was seriously ill and had an extremely rare and devastating neurometabolic disorder.
He said the treatment Indi received caused pain and was futile.
Mr Justice Peel had considered evidence in camera but allowed journalists to attend the hearing and ruled that Indi, her parents and the hospital could be named in the reports.
It ruled that the doctors treating Indi and a guardian appointed to represent her interests could not be named.
A spokesman for the Christian Law Center said in a statement: “After exhausting domestic remedies, the family of Indi Gregory this morning filed an application with the European Court of Human Rights seeking ‘provisional measures…' before 4pm today for the ban on withdrawal of life – continuation of treatment until the ECtHR examines the case”.
Mr Gregory said in a statement: “The whole experience of the justice system is completely one-sided.
“From day one all we wanted was for Indi to have a fair trial and to be allowed to have an independent expert, not connected to the NHS, to give expert evidence.
“What you think is a fair and basic desire and right, yet we have been denied and not given that opportunity.”
He added: “To us, Indi is everything and worth the cost and struggle 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 the NHS are not doing more to help us.
“It should not be anyone's right to end someone's life.
“Now we hope and pray that the ECHR will take the case forward.”