A HOSPITAL that went to court to secure the right to allow a severely handicapped baby to die has admitted in a letter that the infant has made “remarkable progress”.

This week the parents of Charlotte Wyatt will go to the Court of Appeal in an attempt to overturn a judgment allowing doctors at Portsmouth Hospitals NHS Trust to withhold treatment from her.

In a hearing last October the hospital argued that ventilating 22-month-old Charlotte if she developed breathing problems would be “intolerable” to her. It requested an order allowing doctors to withhold life-saving treatment.

Charlotte’s parents, Debbie and Darren Wyatt, opposed the hospital but were unsuccessful. The court heard it was the “unanimous view of doctors” that Charlotte would most probably never leave hospital.

The court was also told Charlotte was “highly unlikely” to survive the winter. But almost a year later Charlotte is still alive. There is evidence that she is seeing and hearing and her breathing has become stronger. She has had trips out of the hospital and there have been discussions between doctors and the family about Charlotte going home one day.

A letter sent to Charlotte’s parents by the hospital this month, and seen by The Sunday Times, concedes that staff have been “encouraged” by the “remarkable progress to date”.

It suggests that doctors are now considering resuscitating Charlotte, saying: “The existence of the order does not mean that we would never resuscitate Charlotte under any circumstances.”

The willingness of doctors to discuss the possibility of giving Charlotte life-saving intensive care is seen by the family as a significant change of stance.

Although the hospital always maintained the right to resuscitate Charlotte if they believed she was fit enough to benefit from the treatment, doctors had argued that it would not be in Charlotte’s best interests.

Despite the letter, the hospital will this week oppose the Wyatts’ attempt to rescind the order.

The Wyatts will argue that it should be lifted because of the improvement in Charlotte’s health.

Darren Wyatt said: “Charlotte is doing really well. She can stay outside for up to 40 minutes. We have now had tests carried out which provide evidence that Charlotte can see and hear.

“Perhaps the doctors think that resuscitating Charlotte could set her back, but her lungs are less fragile now. Charlotte needs this order lifted.”

In his judgment last October in favour of the hospital trust, Mr Justice Hedley said: “I do not believe that any further aggressive treatment, even if necessary to prolong life, is in her best interests.”

Instead Hedley ordered that Charlotte should be allowed “to meet her end . . . in the TLC of those who love her most”.

The Wyatts hope to raise enough money through a medical fund set up in Charlotte’s name on the SaveCharlotte.com website to care for their daughter outside the NHS.

An explanation on the website of the Charlotte Wyatt Medical Fund says: “The NHS has failed Charlotte but she is still fighting on.

“The fund is set up to raise funds for her medical care, for re-assessment and for medical equipment so that she can be brought home.”

Portsmouth Hospitals NHS Trust maintains that, whatever improvement there may be in Charlotte’s health, her underlying condition of severe brain damage remains unchanged.

A spokeswoman for the trust said: “The clinical opinion of the doctors has not changed since the original court case.”

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