The parents of a critically ill baby are set to ask European judges to hear their case after losing the final stage of a life-support treatment battle in London.
A High Court judge recently ruled that doctors could legally limit the treatment they give 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.
Lawyers representing the couple say they now aim to take the case to the European Court of Human Rights in Strasbourg, France.
Mr Justice Peel first heard evidence about Indi's condition in a private trial 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.
Indi's parents are supported by the Christian Legal Centre's campaign.
“It has been a devastating journey through the justice system, which no parent should have to go through,” Mr Gregory said after Monday's appeal court decision in a statement issued through the Christian Legal Centre.
“Indi is fighting to live, the system has abandoned her but we refuse to allow it to be swept under the carpet and we will continue to fight for Indi as long as it takes.
“She deserves this opportunity.”