Parents cannot put £100k donations from dead son’s appeal to sister’s

Parents who wanted to divert £100,000 that had been donated to their nine-year-old son before he died towards his terminally-ill younger sister have lost their court battle.

Kyle Morrison, of the town of Cheshunt, Hertfordshire, tragically died in October 2020 from a rare, incurable childhood brain cancer. 

Well wishers donated thousands to pay for treatment in the US – but Covid intervened and he could not go in time, being too ill by the time travel restrictions eased. 

He left behind his heartbroken parents Craig Evison and Victoria Morrison, who went on to have a daughter, Ruby-Rose, in 2022. 

But they were devastated to learn she too was terminally ill, with a genetic metabolic disease, and was unlikely to live beyond this year.

The pair did not give up, starting a new online fundraiser to cover treatment and take her to Walt Disney World in Orlando, 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 now be handed over to help their daughter. 

Gold Geese explained they could not give it over because Ruby-Rose does not have cancer and donors expected the cash to help Kyle or other kids with his condition.

The dispute went to the High Court, where Gold Geese sought a ruling – and it has now been ruled the money cannot be spent on Ruby-Rose

Deputy Master Marc Glover ruled it will instead be split between two charities helping sufferers of diffuse intrinsic pontine glioma (DPIG), the cancer that claimed Kyle’s life.

Kyle was tragically diagnosed when he was just eight, in 2019.

Attempts to raise money for his treatment and help him make the most of his days began with a Facebook campaign. 

His parents later passed the efforts on to Essex-based Gold Geese, a charity which helps cancer-stricken children – but Kyle, heartbreakingly, soon passed away. 

The grieving couple, who also have another son, then went on to have Ruby-Rose who was soon diagnosed with a devastating illness called Megdel syndrome. 

It is 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, Ms Morrison said: ‘We just want the money to make as many memories as we can.’

But the charity’s barrister William Moffett said the money could legally only be used for the specific purpose it was donated for by well wishers – for children with cancer, not other diseases.

A contract the couple agreed to stated if the money was not spent on Kyle’s treatment before he died, it would go to another DPIG trial or a child in a ‘similar’ position.

He said: ‘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 although they agreed to the contract, the situation changed when their little girl was also diagnosed with a life-limiting illness.

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

At the judgment hearing this week, Ms Morrison said: ‘The majority of the public wants us to have the money.’ 

She produced a series of letters, emails and messages from donors and supporters, who she said were expressing that wish.

The judge replied: ‘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.’

Noting thousands of pounds, given by more than 1,500 people, was at stake, he continued: ‘Kyle’s parents resist Gold Geese’s claim and want to divert the fund to their daughter’s needs. 

‘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 eventually ruled donors intended the money to go to DPIG sufferers or research into the disease.

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

The online fundraising campaign had also specifically ‘made clear to donors that in the event of his passing any funds would be distributed between other DPIG charities’, he said. 

‘Such terms were made clear to Victoria and Craig.

‘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.’

But he hoped they would ‘take some comfort’ from the money funding DPIG research and that their efforts had helped ‘raise awareness of this awful childhood cancer’.

The charity’s lawyers’ told the judge Gold Geese would not claim court costs from the couple. 

They were given permission to recoup their legal fees from the fund collected for Kyle – and whatever is left will be divided between two DPIG charities. 

The fund was also used to pay for Kyle’s funeral and Mr Evison requested it also be tapped to provide a memorial bench in his son’s name.

A spokesperson for Gold Geese told the Daily Mail: ‘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, 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.’