THE parents of a seriously-ill baby girl seeking to overturn a judgment allowing doctors to let her die have been told by the hospital that she has made “remarkable progress”.

Debbie and Darren Wyatt, mother and father of Charlotte Wyatt, go to the Court of Appeal on Thursday nearly a year after a High Court judge gave doctors permission not to resuscitate the infant the next time she stops breathing.

Since the court order was issued last October, Mr and Mrs Wyatt have fought to have it rescinded. Their last failed court battle was in April.

The couple, both Christians, believe that their daughter is a fighter who should be given every chance. But doctors at Portsmouth Hospitals NHS Trust say that Charlotte, who was born three months prematurely and has serious brain, lung and kidney damage, is so sick that she should be allowed to die in peace.

Now Charlotte’s family have received a letter from St Mary’s Hospital, Portsmouth, saying that staff caring for the baby girl have been “encouraged” by the “remarkable progress to date”. The letter said: “The existence of the order does not mean that we would never resuscitate Charlotte under any circumstances.”

Doctors told the court last October that Charlotte, who weighed 1lb (450g) and was just 5in (12.7cm) when she was born, was unlikely to ever leave hospital and was “highly unlikely” to survive the winter.

But the infant, now 22 months old, weighs about 15lbs and has been taken outside for walks. Tests indicate that her lungs have become stronger and that she may have some capacity to see and hear.

According to her parents she now smiles, reaches out to them, and tries to talk. They also believe that Charlotte enjoys watching her toys, even if she cannot play with them.

Mr Wyatt, a 33-year-old chef, said: “Charlotte has passed her sight and hearing tests and shows she is capable of more than people thought. She has grown so much and is responding well. Now it seems that the doctors are agreeing with us that she is getting better and that she does have a quality of life. Charlotte needs this order lifted.”

The hospital said: “Charlotte has made remarkable progress because she has managed to avoid getting a respiratory infection. It has allowed her lungs to heal and get better. But this doesn’t change her underlying condition.”

The hospital won the legal right last October not to resuscitate Charlotte after arguing that her brain and other organs were so seriously damaged that she had “no feeling other than continuing pain”.

At the time, the hospital claimed that ventilating Charlotte if she developed breathing problems would be “intolerable” to her. In his judgment 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, he ordered that Charlotte should be allowed “to meet her end . . . in the TLC of those who love her most”.

When Charlotte’s parents lost their attempt to overturn the court order in April, Mr Hedley said that it was not open ended and remained subject to review. Yesterday, Mr Wyatt said: “Charlotte was just the size of your hand when she was born. Doctors said she wouldn’t even reach her first birthday but she proved them wrong then.”

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