In a deeply emotional High Court case that has captured national attention, grieving parents have lost their legal battle to redirect £100,000 in cancer donations originally raised for their late son toward the medical treatment of their terminally ill daughter.
The heartbreaking story centres on a family struck twice by tragedy, first losing their nine-year-old son to cancer, then facing the same devastating diagnosis in their younger daughter.
The Fundraising Campaign That Touched a Nation
When their young son was diagnosed with cancer, the family launched a fundraising campaign that captured public sympathy, raising approximately £100,000 for his treatment and care. Tragically, the boy passed away before the funds could be fully utilised.
As their daughter then received the same devastating diagnosis, the parents sought to transfer the remaining donations to support her treatment, believing this reflected what donors would have wanted.
Charity Trustees' Difficult Decision
The charity trustees, however, made the difficult decision to decline the parents' request, determining that the funds should be used for general charitable purposes rather than being redirected to another individual.
This led to the parents initiating legal proceedings against the charity, arguing that the money should follow their family's continuing medical crisis.
High Court's Landmark Ruling
In a ruling that clarifies charity law principles, the High Court sided with the trustees, emphasising that charitable funds must be used for the specific purposes for which they were originally given.
The court found that while the family's situation was "exceptionally tragic," the trustees had acted within their rights and responsibilities in deciding how to allocate the remaining funds.
Broader Implications for Charitable Donations
This case establishes an important precedent regarding the administration of charitable funds and the responsibilities of trustees. It highlights the legal distinction between funds raised for specific individuals versus general charitable purposes.
The ruling serves as a reminder to donors and fundraisers alike about the importance of clear terms when collecting donations for medical causes.
While the court acknowledged the extraordinary circumstances facing this family, the decision reinforces that trustees must act in accordance with their legal duties rather than emotional appeals, no matter how compelling.
