Parents of Indi Gregory lose another round in life-support treatment fight as judges rule against transferring critically ill baby to Italian hospital which had offered to treat her

• Little Indi Gregory has mitochondrial disease, a condition that saps energy
• A hospital in Nottingham wants to limit the treatment the baby is given
• But her parents want her moved to a hospital which will continue to treat her

The parents of a critically ill baby have lost another round of a life-support treatment fight as judges rule against transferring her to an Italian hospital which had offered to treat her.

Indi Gregory, a eight-month-old baby, has mitochondrial disease, a genetic condition that saps energy.

A High Court judge recently ruled that doctors treating Indi at the Queen’s Medical Centre in Nottingham could lawfully limit treatment.

But her parents, Dean Gregory and Claire Staniforth, said an Italian hospital had agreed to treat their daughter and asked judges if she could be transferred.

However, campaign group the Christian Legal Centre, which is supporting Indi’s parents, said on the Thursday a judge had ruled against a move to Italy.

Indi, who was born on February 24, 2023, has mitochondrial disease, a genetic condition which saps energy, and is being treated at the Queen’s Medical Centre in Nottingham

Indi pictured at her christening alongside her parents Claire Staniforth and Dean Gregory

The parents had previous failed to persuade Court of Appeal judges in London and judges at the European Court of Human Rights (ECHR) in Strasbourg, France, to overturn the decision by Mr Justice Peel to allow the hospital to limit treatment.

The couple, who are both in their 30s and from Ilkeston, Derbyshire, had lawyers ask Mr Justice Peel on Tuesday to allow Indi to be moved to the hospital in Rome which had agreed to treat her.

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

Lawyers said there had been a ‘material’ change of circumstances, since he ruled that doctors could limit treatment and Indi had a chance of a ‘longer life’.

Specialists say Indi is dying and hospital bosses where she is being cared for asked him to rule 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.

Mr Justice Peel ruled against the transfer, and said: ‘I am satisfied that the proposal for a transfer to Rome would not be in (Indi’s) best interests.

‘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.’

A spokesman for the charity supporting Indi’s parents said they aim to appeal.

Mr Justice Peel heard arguments in a private hearing at the Royal Courts of Justice complex, but allowed journalists to attend and said Indi could be identified in reports.

A hospital in Rome has agreed to accept the eight-month-old girl for treatment

Indi Gregory’s parents have lost legal fights in London and failed in a bid to take their case to the European Court of Human Rights (ECHR) to continue treatment for their baby

Lawyers representing bosses at the Nottingham hospital where Indi is being treated said Indi’s parents’ application should be dismissed.

Barrister Louis Browne KC, who led Indi’s parents legal team, told Mr Justice Peel in a written case outline that the Nottingham hospital’s governing trust was refusing to cooperate with a transfer. He said that refusal raised concerns.

He said: ‘The concerns arise because the court has made no order obliging Indi to be treated by the trust or restricting her right to move…as such the trust has no lawful power to detain Indi nor to refuse to cooperate in her transfer to a new hospital.

‘The court is respectfully asked to make the order sought so that Indi can move her medical care to a new hospital, who whilst putting her best interests first, is prepared to treat her.’

Barrister Scott Matthewson, who represented the Nottingham hospital’s governing trust, said Indi’s parents’ application should be dismissed.

‘This is a desperately sad case. Indi’s family understandably want to do all that they possibly can to achieve what they believe to be in her best interests,’ he said in a written argument.

Read more: Indi Gregory’s parents WILL return to UK court for another round of legal battle to continue life-support treatment

‘However, there is no tangible plan before the court to enable it to make any sensible decision as to how transfer to Italy could be managed safely or why palliative treatment in a different location is in Indi’s best interests.

‘More fundamentally, the best interests decision has already been made and there is no compelling new evidence sufficient to undermine the court’s previous careful analysis.’

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

Mr Gregory said, in a statement issued through the Christian Legal Centre, that he was ‘horrified’ by the ruling. 

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.

‘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. 

‘Even if the transfer to Italy involves some risk, the only alternative we have been offered in the UK is to go along with Indi’s death. 

‘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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