Parents who aimed to redirect £100,000 worth of donations originally intended for their nine-year-old son, who passed away from cancer, to support his younger sister also battling a terminal illness, have lost their legal case.

Lego enthusiast Kyle Morrison tragically succumbed to a rare, incurable childhood brain cancer, leaving behind his grieving parents, Craig Evison and Victoria Morrison.

Following his diagnosis, generous contributions poured in to fund treatment in the US; however, due to Covid restrictions, Kyle never made the journey before his passing in October 2020.

The couple later welcomed a daughter, Ruby-Rose, in 2022, only to face the heartbreaking news that she too suffered from a life-limiting genetic metabolic condition and likely wouldn’t survive beyond this year.

This prompted the family to launch a new fundraising effort to manage medical costs and fulfill Ruby-Rose’s dream of visiting Disney in Florida to see her favorite character, Minnie Mouse.

Unfortunately, they discovered that the nearly £100,000 gathered for Kyle’s care, overseen by the children’s cancer charity Gold Geese, couldn’t be transferred to support their daughter’s treatment and create cherished memories with her.

Gold Geese told the parents it couldn’t hand the money over because Ruby-Rose doesn’t have cancer and those who gave the gifts 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, Herts, asking for it to be spent to benefit their little girl.

But Deputy Master Marc Glover has now 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 (DPIG), the cancer that claimed Kyle’s life.

The trial of the case earlier this year heard how Kyle was diagnosed with the rare and incurable cancer in 2019 when he was only eight.

Attempts to raise money for his treatment and to help him make the most of his days began with a Facebook campaign, but later passed to Essex-based Gold Geese, a charity which works for the benefit of cancer-stricken children.

The money flooded in and Kyle was due to go to the US for treatment in 2020, but Covid prevented his travel and by the time restrictions were eased, he was too ill. He died in October of that year.

The grieving couple, who also have another son, then went on to have their daughter, Ruby-Rose, in 2022, but she too was diagnosed with a devastating illness known as Megdel syndrome, a genetic metabolic condition characterised by high levels of acid in the body, which is usually fatal in early infanthood.

Representing themselves before the judge, Mrs Morrison said: ‘We just want the money to make as many memories as we can.’

However, for the charity, barrister William Moffett said the money could legally only be used for the specific purpose it was donated for by the wellwishers – for children with cancer, and not other diseases.

A contract which the couple agreed stated that, if the money wasn’t spent on their son’s treatment before he died, it would go to another DPIG trial or the cause of a child in a ‘similar’ position.

‘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, but 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.’

The couple said that although they had agreed the contract, the situation changed when their little girl was also diagnosed with a life-limiting illness.

They argued that the contract allows money to be spent for Ruby-Rose’s benefit, since she falls into the definition of a ‘similar’ case, as stated in the agreement.

At the judgment hearing this week, Mrs Morrison told the judge, ‘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.’

Giving his ruling, he said: ‘At the heart of this case is a little boy Kyle Morrison who died in October 2020, aged just nine years old. He suffered from a rare and aggressive childhood brain stem cancer.’

At stake were thousands of pounds donated by more than 1,500 payees, some from group fundraising efforts, which Gold Geese plans to hand over to two DPIG charities, he said.

‘Kyle’s parents resist Gold Geese’s claim and want to divert the fund to their daughter’s needs,’ he continued.

‘All parties’ ambitions for the fund are decent and honourable.

‘The main question to be decided is were the donations intended only to be for Kyle’s treatment alone or were they intended to benefit all children suffering from DPIG, of which Kyle was one.’

The judge went on to find that the donors intended the money to go to DPIG sufferers or research into the disease.

He pointed out that tens of thousands of pounds of the donations had in fact been made in the name of another child who had died from DPIG prior to Kyle and diverted to his fund by that child’s parents.

He also said that specific statements had been made during the online campaign, stating that if Kyle died before treatment the money would go to DPIG causes.

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 Victoria and Craig,’ the judge said.

‘At that time, the parties were of one mind and were advising that objective to potential donors.

‘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.

‘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 DPIG 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.