Parents whose nine-year-old son died of cancer have been blocked from using £100,000 of charity donations raised for his treatment to ‘make memories’ with their terminally ill daughter.
Lego-loving Kyle Morrison tragically died with a rare and incurable childhood brain cancer, leaving heartbroken parents, Craig Evison and Victoria Morrison, behind.
After he was diagnosed, well-wishers donated £100,000 to pay for the youngster to fly to the US for treatment.
But he never had the chance to make the trip after the Covid pandemic hit, and he died in October 2020.
The couple had a daughter, Ruby-Rose, in 2022 but were devastated to learn she too was terminally ill with a genetic metabolic disease and was unlikely to live beyond this year.
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They began a new online fundraising campaign to cover the costs of treatment and to take her to Disney in Florida to meet her beloved Minnie Mouse.
But they were told the near £100,000 donated to help Kyle through kids’ cancer charity Gold Geese could not be released to help them meet their daughter’s needs and ‘make memories’ with her.
Gold Geese told the parents it couldn’t hand the money over because Ruby-Rose doesn’t have cancer, and contributors had expected the cash to help Kyle or other kids with his condition.
The dispute went to London’s High Court, with Gold Geese seeking a ruling from a judge on what could be done with the money, and the parents, from Cheshunt, Hertfordshire, asking for it to be spent to benefit their little girl.
Deputy Master Marc Glover ruled the money cannot be spent on Ruby-Rose and will instead be split by Gold Geese between two charities helping sufferers of diffuse intrinsic pontine glioma (DIPG), the cancer that claimed Kyle’s life.
At the judgment hearing this week, Mrs Morrison told the judge that ‘the majority of the public wants us to have the money’, producing a series of letters, emails and messages from donors and supporters, who she said were expressing that wish.
The judge told the court: ‘The sentiment expressed in the correspondence is entirely understandable – why the authors of the letters would feel the pain which continues to be felt by Kyle’s family and why they would want the court to find for Victoria and Craig’s case.’
But he added: ‘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.’
The judge pointed out that the campaign had ‘made clear to donors that in the event of his passing any funds would be distributed between other DPIG charities’ and ‘such terms were made clear’ to the couple.
‘It is entirely understandable why, after the birth of their daughter in 2022 and her diagnosis in 2023 with a terminal illness, Victoria and Craig would now like the fund to be applied towards their daughter,’ he said in his ruling.
‘Whilst that desire is understandable, it cannot inform the finding of the court [as to the] desire of the donors when donating to the fund.
‘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.’
However, he said he hoped they would ‘take some comfort’ from the fact that the money would be going to help fund DPIG research, and that their efforts had helped ‘raise awareness of this awful childhood cancer’.
Lawyers for the charity told the judge Gold Geese would not be seeking to claim court costs from the couple and the charity were given permission to recoup their legal fees from the fund collected for Kyle.
Whatever is left will now be divided between two DIPG charities.
The court heard that the fund was also used to pay for Kyle’s funeral and Mr Evison has requested that it also be tapped to provide a memorial bench in Kyle’s name.
A spokesperson for Gold Geese said after the hearing: ‘Gold Geese thanks the court for its careful judgment.
‘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, 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.’
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