The parents of an eight year old boy battling cancer have won their battle to get the NHS to fund his treatment.

Adam Bird, from Epsom, and a pupil at Wallace Fields Junior School, was diagnosed with neuroblastoma, an aggressive childhood cancer, in July 2009 and has been undergoing immunotherapy treatment in Germany.

Immunotherapy is currently only available in the UK in clinical trials, the first of which Adam was rejected forcing him to travel to Germany for treatment at a cost of about £65,000 - a cost which NHS Surrey refused to pay last year.

Adam’s family started fundraising and have so far raised £425,000 with the help of the Neuroblastoma Alliance UK, but after starting treatment in August 2011 were shocked to meet four UK families whose children were undergoing the same treatment, funded by their Primary Care Trusts.

After lodging an appeal, NHS Surrey referred Adam’s case to the South East Coast Cancer Drugs Fund for consideration which has since agreed to fund his request for five cycles of treatment in Germany.

His father, Nick Bird said: “I’m very happy that they have agreed to do it and now we can get on with things that are important.

But equally it doesn’t take away the fact that it should never have come to this and we shouldn't have had to go through what we had to get Adam's treatment.”

He added: “The health service should be there to look after the health of people up and down the country regardless of where they live and clearly it doesn’t.

The decision that was taken in regards to Adam was not taken on medical grounds at all.

I honestly believe that it was first and foremost a financial decision, not a clinical decision, or one which considered the well being of Adam which is fundamental.”

Adam completed his fifth cycle of treatment in Germany at Christmas and is due once more for scans which will assess what effect the treatment has had and to determine the best step forward.

One possibility is that Adam will need further treatment in America which is both costly and unavailable in the UK.

Mr Bird said: “We were just fortunate that we had the charity behind us to be able to put the money forward.

The money we have got back from the treatment in Germany can go back toward what it was for in the first place - to support treatment that wasn’t available on the NHS.

Other families in the future can now hold Adam up as an example and hopefully somebody will benefit down the line.”

A spokesperson for NHS Surrey said: : "I’m pleased to confirm that funding has been agreed for Adam’s treatment.

"I appreciate this must have been an anxious time for the family waiting for this decision and hope this comes as good news and that there is a positive result from the treatment."