Judge refuses to suspend order on premature baby

THE parents of premature baby Charlotte Wyatt failed yesterday to persuade a London High Court judge to suspend his order allowing doctors not to resuscitate the desperately-ill child if she stops breathing.

But Mr Justice Hedley gave Darren Wyatt and his wife Debbie permission to bring up-to-date expert evidence to court, at a hearing before Easter, which they hope will show that their daughter’s condition has dramatically improved.

The judge said he was “delighted” by the improvements observed in 15-month-old Charlotte since he granted doctors a declaration last October. “Nobody who knows this case can derive anything other than pleasure from that,” he said.

He said he bore in mind the legal presumption in favour of preserving life, but there was no evidence that the improvements reflected any change in Charlotte’s underlying condition.

New evidence might require him to revise his original decision, or might confirm it as correct, he said, adding: “I am not prepared to stay the order during the period between now and when the case is next before me.”

Mr and Mrs Wyatt, from Portsmouth, say their daughter’s condition is improving against all the predictions of doctors, who said she would not last the winter.

The medical team treating her says there has been no improvement in her serious underlying problems and her brain is not growing.

After yesterday’s decision, the parents’ solicitor Richard Stein said they were “naturally very disappointed” and were considering whether to appeal.

A spokesman for Portsmouth Hospitals NHS Trust said: “We are pleased he (the judge) recognised that the high standard of care is producing benefits for Charlotte, but the underlying very serious condition is unchanged.”

The baby, who weighed 1lb and measured 5in when she was born three months premature, has brain, lung and kidney damage, is blind and deaf, is fed through a tube and needs a constant supply of oxygen.