PARENTS who raised £100,000 for their late son will not be able to use the money for their terminally ill daughter, a judge has ruled.
Craig Evison and Victoria Morrison, whose nine-year-old son died from incurable brain cancer, lost their bid to make the charity hand over the funds.
Champion News Service LtdThe grieving parents have lost their bid to make the charity hand overt he funds[/caption]
FacebookKyle was diagnosed with diffuse intrinsic pontine glioma (DPIG) in 2019[/caption]
Victoria Lizzy MorrisonThey hoped to use the funds for Ruby-Rose, who was diagnosed with genetic metabolic disease[/caption]
Kyle was diagnosed with diffuse intrinsic pontine glioma (DPIG) in 2019, when he was just eight-years-old.
Before he died in 2020, tens of thousands of pounds were donated for treatment in the US and “memory-making” experiences for the family.
But due to Covid lockdown restrictions, Kyle’s parents were never able to take him travelling before his death.
They instead hoped to use the money for his two-year-old sister Ruby-Rose, who was diagnosed with genetic metabolic disease.
However, when they tried to claim almost £100,000 left from Kyle’s appeal, charity Gold Geese refused to give them the money.
The organisation said the parents could not access the cash because Ruby-Rose has a different disease.
Craig and Victoria took the charity to the High Court in London and argued it should be handed over to benefit their daughter.
But in a devastating decision for the family, it has now been ruled the money cannot be spent on tragic Ruby-Rose.
Deputy Master Marc Glover decided it will be split between charities helping those suffering with DPIG, the cancer that claimed Kyle’s life.
The grieving parents’ attempts to raise money for his treatment and to make the most of his time originally started on a Facebook group.
Gold Geese later took over the campaign, with money flooding in.
Kyle was due to go to the US for treatment in late 2020, but Covid prevented his travel.
Tragically, by the time restrictions were eased, the brave youngster was too ill and he died in October that year.
Craig and Victoria went on to have Ruby-Rose in 2022 but discovered she had a condition known as Megdel syndrome.
The disease is characterised by high levels of acid in the body, which is usually fatal in early childhood.
Representing themselves, the couple told the judge their daughter is unlikely to live beyond this summer, but she is still fighting her illness.
They said: “We just want the money to make as many memories as we can.”
Barrister William Moffett, representing the charity, said the money could only be used for the purposes it was donated – meaning children with cancer, not other diseases.
He said the couple agreed to a contract that stated that if the money was not spent on Kyle’s treatment, it would go to another DIPG trial or the cause of a child in a “similar” position.
The lawyer also argued there was no way donors intended the money for Ruby-Rose as she was not born at the time.
He continued: “Gold Geese is a cancer charity, it’s on its logo.
“There are other charities whose objects would include assisting someone with Ruby-Rose’s condition.
“It wouldn’t be proper for Gold Geese to stray outside the illness of child cancer.
“The charity is trying to do what they’re legally obliged to do within the ambit of their purpose.
Facebook/Victoria Lizzy MorrisonKyle tragically died in October 2020 from a rare, incurable childhood brain cancer[/caption]
Facebook/Victoria Lizzy MorrisonIn a devastating decision for the family, it has now been ruled the money cannot be spent on tragic Ruby-Rose[/caption]
FacebookThe couple insisted the contract allows money to be spent for Ruby-Rose’s benefit[/caption]
“If the court were to tell us otherwise, they would have authority, but we don’t think it’s the right answer here.
“It’s just an unfortunate fact that Mr Evison and Mrs Morrison have a child who is ill with a different illness.”
The couple insisted the contract allows money to be spent for Ruby-Rose’s benefit, since they believe she falls into the definition of a “similar” case.
They also told the court they have continued to highlight childhood cancer during their fight.
If any of the donors specifically stated they wanted their money to go on research, the couple would not object, the court heard.
Craig said: “We couldn’t predict what was going to happen, we are humans.
“Kyle sadly passed. His sister Ruby-Rose is in an extremely rare and a very similar situation.
“If she makes it another [month], she has outlived the hospital’s expectancy.
“We are just trying to have that chance to make these memories while there’s still time and we physically can.”
They created a Go Fund Me page – under the name “Ruby-Rose’s Making Memories Fund”.
It said they wanted to “take our kids travelling across the globe and see and do as many amazing things”.
This included taking Ruby-Rose to Disney in Florida to meet her beloved Minnie Mouse.
Handing down his judgement, Judge Glover said Gold Geese made it clear that funds would be “distributed between DPIG charities”.
He continued: “Such terms were made clear to Victoria and Craig.
“It is entirely understandable why Victoria and Craig would now like the fund to be applied towards their daughter.
“Whilst that desire is understandable, it cannot inform the finding of the court. The function of this court is to apply the law to the facts.
“In spite of the heartache to the family due to the surrounding circumstances, it must reach a just and fair decision.
“This judgment will come as a disappointment to Victoria and Craig.
“No person can help but be moved by their experience and the tragic loss of Kyle.”
Gold Geese thanked the court for its “careful judgement”.
A spokesperson for the firm told the Daily Mail: “This has been a really tough time for the Morrison family, and our hearts go out to them.
“We recognise how disappointing this outcome is, but we must comply with the Court’s ruling that the funds are to be used to support children with childhood cancer or to fund research.
“Gold Geese remains committed to doing everything we can to support children and families affected by childhood cancer in our area.”
Just GivingJudge Glover said Gold Geese made it clear that funds would be ‘distributed between DPIG charities’[/caption] Published: [#item_custom_pubDate]
