Baby girl's parents lose High Court life-support treatment fight

13 October 2023 , 14:34

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Indi Gregory is battling mitochondrial disease (Image: PA)

The parents of a critically ill seven-month-old baby have lost a High Court fight to maintain her life-support treatment.

Indi Gregory, who is battling mitochondrial disease, is being treated in paediatric intensive care at the Queen's Medical Centre in Nottingham. There is no highly effective treatment for the genetic condition which saps energy from the body's cells.

The baby has a hole in her heart and had operations on her bowel and skull to drain fluid soon after she was born in February. Doctors told a hearing that further care was not in her interest and it would be kinder to let her die. But her parents Claire Staniforth, 35, and Dean Gregory, 37, have been desperately trying to block the move, asking them to give her a chance.

A judge had heard evidence about the little girl's condition at a recent private trial in the Family Division of the High Court, at the Royal Courts of Justice complex in London. Specialists say she is dying and the hospital's governing trust asked Mr Justice Peel to rule that doctors can lawfully limit treatment. Today, the judge ruled that medics could withdraw "invasive treatment".

Dad Dean Gregory asked doctors to give his daughters a chance at life (PA)

"With a heavy heart I have come to the conclusion that the burdens of invasive treatment outweigh the benefits," he said in a written ruling. "In short, the significant pain experienced by this lovely little girl is not justified when set against an incurable set of conditions, a very short life span, no prospect of recovery and, at best, minimal engagement with the world around her."

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He added: "In my judgment, having weighed up all the competing considerations, her best interests are served by permitting the trust to withdraw invasive treatment." The judge went on: "I know that this will come as a heavy blow to the parents."

Barrister Emma Sutton KC, who led Nottingham University Hospitals NHS Foundation Trust's legal team, had told the judge 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.

Indi was born in February (PA)

"Indi is dying," Ms Sutton told the judge. "We cannot get away from that fact as sensitive as it may be. All realistic options have been exhausted."

She said nurses were "watching Indi suffer" and added: "This has been looked at nationally, it has been looked at internationally. Sadly, the conclusions are that nothing further can be done."

Mr Gregory had told Mr Justice Peel that his daughter had "proved everyone wrong" and needed "more time". "You have only got one life," he had said. "You have to go through a little bit of pain to carry on with that life."

Mr Justice Peel considered evidence behind closed doors but allowed journalists to attend the hearing and ruled that Indi, her parents, and the hospital can be named in reports. He ruled that medics treating Indi, and a guardian appointed to represent her interests, could not be named. Indi's parents are being supported by the campaign group the Christian Legal Centre.

Indi and her mum Claire Staniforth (GoFundMe)

Earlier this month, Indy's dad Dean, from Ilkeston, Derbyshire, begged doctors to give his daughter one more chance, adding medics were painting a "wrongly pessimistic and bleak" picture. He said being "threatened with court" was "just evil", adding: "It felt like I am being dragged through hell." Dean said he did not think his daughter was in pain "We are there every day," he told the judge. "If I thought she was in pain, I would not be here arguing.

"You have only got one life. You have to go through a little bit of pain to carry on with that life. She has proved everyone wrong. I think she needs more time."

Barrister Bruno Quintavalle, representing Indi's parents, said: "Mr Gregory believes that Indi does enjoy life." Mr Justice Peel is considering evidence behind closed doors but has allowed journalists to attend the hearing.

In an interview with the Daily Mail, dad Dean described his daughter as "a real fighter". He said: "Indi is a strong little girl and a real fighter. She deserves a chance at life. The hospital wants to take this away and we are beyond horrified."

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Doctors said little Indi is dying (PA)

Mr Gregory also told the paper: "Look, if we thought Indi was brain-dead we would be utterly crushed, but we wouldn't be disagreeing with the doctors. But our daughter responds to us, and on her good days she is babbling, making noises, moving all her limbs. She can definitely experience happiness."

Indi's grandad told the Mirror it should be up to his son and Claire to decide what happens to the little girl. He said: "It is a very difficult situation. It is one of those where you are caught between two almost impossible choices. But in my opinion, the courts shouldn't decide these matters. It should be the parents. Being her parents, and being there all the time with her, they will know in their own minds. It should be Dean and Claire's decision - not mine, and not the judges’. I just hope there is a happy ending."

In a recent Facebook post, Claire said she wished she could swap places with her tiny daughter. "My strongest little human (fighter) Indi," she wrote. "Come on beautiful girl. My heart bleeds green for a cure for mitochondrial disease (rare). I miss not being able to do all the normal things us mums would be doing right now. I wish I could swap places, take on her fight and give her my life. Why us! Why Indi! Why me! We just want her home. I will love you forever .. because all of me loves all of you."

Chiara Fiorillo