Indi Gregory: Legal challenge from critically ill baby's parents dismissed

Lawyers for Nottingham University Hospitals (NUH) NHS Trust had said life-sustaining treatment was causing Indi Gregory pain

The parents of a critically ill baby have had a legal challenge against a ruling to end life-support treatment dismissed.

Earlier this month, a judge ruled doctors could withdraw support for Indi Gregory, who has mitochondrial disease, against her parents' wishes.

Dean Gregory and Claire Staniforth's challenge against Mr Justice Peel's ruling was dismissed on Monday.

After the hearing, Mr Gregory said "we will continue to fight for Indi".

Medics at Nottingham's Queen's Medical Centre have said they can do no more for Indi, who is eight months old on Tuesday.

Mitochondrial disease prevents cells in the body producing energy and the NHS says the condition is incurable.

After Monday's hearing, father Dean Gregory said "we will continue to fight for Indi"

At the Court of Appeal hearing on Monday, Indi's parents from Ilkeston in Derbyshire argued that the "depth of the inquiry" carried out by Mr Justice Peel had been "inadequate".

They also argued that the High Court trial had been "procedurally unfair" and complained that Mr Justice Peel had refused to give them an "effective opportunity" to obtain expert medical evidence of their own.

Lady Justice King and Lord Justice Birss concluded Indi's parents did not have an arguable case and no "real prospect" of winning an appeal.

In a statement issued by the campaign group, the Christian Legal Centre, which is supporting Indi's parents, Mr Gregory said: "It has been a devastating journey through the court system, which no parent should have to face.

"Claire and I are the ones who spend all day with Indi and she has improved significantly in the past few weeks.

"Indi is fighting to live, the system has given up on her, but we refuse to allow her to be brushed under the carpet and we will continue to fight for Indi for as long as it takes."

The group said it would take the case to the European Court of Human Rights in Strasbourg.

Indi was born with mitochondrial disease

Following the hearing, Nottingham University Hospitals NHS Trust medical director Dr Keith Girling said: "We acknowledge the outcome of today's appeal hearing and our priority will remain to provide Indi specialised care appropriate to her condition, and support her family in every way possible.

"Cases like this are incredibly difficult for everyone involved and our clinical team will continue to act in the best interests of our patients and do all we can to advocate for them and support their families as needed."

Indi's parents argued that the High Court trial had been "procedurally unfair"

Previously, barrister Emma Sutton KC, who led Nottingham University Hospitals NHS Trust's legal team, told Mr Justice Peel in the High Court 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.

Ms Sutton had argued that Indi's parents' appeal should be dismissed.

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 medics treating Indi and a guardian appointed to represent her interests could not be named.