Press Release

UK judges say Italian intervention to move Indi to Rome as ‘wholly misconceived’ and order life-support to be removed immediately

10 November 2023         Issued by: Christian Concern

This afternoon, some of the most senior judges in the UK have controversially ruled that the Italian intervention in Indi Gregory’s case under the Hague Convention is ‘wholly misconceived’ and ‘not in the spirit of the convention’.

Furthermore, Lord Justice Peter Jackson, Lady Justice Eleanor King and Lord Justice Andrew Moylan, refused the family permission to appeal a ruling which said Indi’s life-support cannot be removed at home.

Instead they have ordered that Indi’s life-support to be removed immediately, but the time and location has not been specified.

The ruling was made despite Indi being granted Italian citizenship and yesterday her Italian guardian making an urgent application to UK High Court calling on Mr Justice Robert Peel to cede jurisdiction of the case to him under Article 9§2 of the 1996 Hague Convention.

It has also been revealed this afternoon that the Italian Prime Minister, Giorgia Meloni, has urgently written to the UK’s Lord Chancellor calling for the two countries to officially collaborate on facilitating Indi’s transfer to Rome under the Hague Convention.

Prime Minister Meloni has written to the Rt. Hon Alex Chalk outlining the urgent application made by Indi’s Italian guardian yesterday to the UK High Court.

The application called on Mr Justice Robert Peel to cede jurisdiction of the case to the Italian guardian under Article 9§2 of the 1996 Hague Convention.

The Italian consul in Manchester, Dr Matteo Corradini, in his capacity as guardianship judge for the 8-month-old, made the order which has immediate effectiveness due to the imminent danger to the life of Indi.

The urgent application by the Italian guardian followed Indi being made an Italian citizen earlier this week and her Italian guardian issuing an emergency measure recognising the authority of the Italian courts in this case.

The Bambino Gesù Paediatric Hospital in Rome has agreed to accept Indi for treatment and to carry out the right ventricular outflow tract stent procedure that has been put forward by medical experts. The Italian government has offered to fund the treatment at no cost to the NHS or UK taxpayer.

Despite today’s ruling and remarks from the Court of Appeal judges, it is still unclear how the UK Courts will officially respond to the application made by Indi’s Italian guardian.

Following the hearing, Dean Gregory, said: “Claire and I are again disgusted by another one-sided decision from the judges and the Trust. The whole world is watching and is shocked at how we have been treated. 

“Claire and I have always wanted what is in Indi’s best interests. She has human rights and we wanted her to have the best treatment possible. If the UK did not want to fund it, why can she not go to Italy and receive the treatment and care which the amazing Italian Prime Minister and government has offered.

“This feels like the latest kick in the teeth, and we will not give up fighting for our daughter’s chance to live until the end.”

Andrea Williams, chief executive of the Christian Legal Centre, said: “Life is the most precious gift we have. 

“There is a hospital prepared to care for Indi in Rome. Indi’s parents desire to give her every chance they can. Why would anyone try to stop this happening for them and for her?

“To continue to deny them this opportunity is unimaginable.

“We need reform. We need families to be free to appoint alternative doctors and medical experts with equal access to the patient’s records. We need proper mediation at the earliest stage rather than parents being dragged into unfamiliar court settings and facing down taxpayer-funded legal teams.”

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