The parents of profoundly disabled Charlotte Wyatt enjoyed a double celebration today - their daughter's second birthday and winning the latest round of their legal battle over her medical treatment.

Delighted Darren and Debbie Wyatt were at the High Court to hear a judge discharge his year-old declaration that doctors would not be acting unlawfully if they decided it was not in the child's best interests to artificially ventilate her in a life-threatening situation.

As they left the London court to hold a birthday party for Charlotte, a statement issued on their behalf said: "Darren and Debbie are very happy that the order what has been hanging over Charlotte for over a year now has been lifted as this has caused a huge strain on their lives."

The couple, who live in Portsmouth but are originall from Birmingham, are hoping to eventually have their daughter home if her condition continues to improve.

They thanked Mr Justice Hedley for giving their daughter the "best present" she could have.

The judge announced his decision to lift the order after last week conducting a review of the up-to-date medical evidence in Charlotte's case relating to the question of possible mechanical ventilation in the event of a crisis.

He said he had come to the view that "at least at present" a declaration was not required.

But he stressed that doctors could not be compelled to act against their conscience - words welcomed by Portsmouth Hospitals NHS Trust, representing the medical staff looking after Charlotte at the city's St Mary's Hospital.

Mr Justice Hedley said: "I have tried to set out, in a way comprehensible to all, what I understand to be both the duties and also the limits on the duties of the treating clinician.

"He does not take orders from the family any more than he gives them. He acts in what he sees as the best interests of the child: no more and no less.

"In doing so, however, parental wishes should be accommodated as far as professional judgment and conscience will permit, but no further. It is vital that that is understood by all."

Mrs Wyatt, 24, who is heavily pregnant with the couple's fourth child, and her husband Darren, 33, had asked the judge to lift his order as they said the condition of their daughter has improved to such an extent that she has now "crossed an invisible line", meaning that the use of artificial ventilation in certain circumstances would be justified.

They say that her life is not intolerable and that ventilation which saved her life and could maintain her current state was in her best interests.

The statement on behalf of Mr and Mrs Wyatt said they "are so happy that they can now get on with their lives and look forward to the future and look forward to Charlotte's homecoming and the birth of their other child".

An emotional Mrs Wyatt told the court that she and her husband would never fight for treatment which would cause Charlotte suffering, but "if there is hope, we would want her ventilated".

Despite the gloomy prognosis last year, Charlotte survived against the odds and medical opinion, and is said to have made "remarkable progress" despite serious brain, lung and kidney damage.

She weighed just one pound and was only five inches long when she was born three months prematurely at St Mary's.

The court heard that Charlotte now has a tolerable quality of life, is able to feel pleasure and has "a good smile". 

Read more on this story in Saturday's Birmingham Post