A deaf toddler refused a hearing implant that could allow him to attend a mainstream school has been denied his human rights, according to his frustrated parents.

Kim and Bettina Berknov, of Enmore Gardens, labelled Richmond Primary Care Trust's (PCT) refusal to fund the bilateral cochlear implant as a breach of their son's human rights.

Mr Berknov said: "They are withholding a basic human right and I don't think the PCT know how far we could take this."

Two-year-old Oskar Berknov has been profoundly deaf in both ears since birth and had one surgical implant fitted a year ago, allowing him to access sound and to develop language skills. But Oskar's parents are calling for the PCT to fund the second implant which might allow their son to be educated in a mainstream school environment.

Mr Berknov said: "His ability to learn to talk, to make friends, to be safe in traffic and manage independently in school is all dependent on the directional hearing this implant would allow."

But the Berknov's feel Richmond PCT has consistently fallen short since misdiagnosing Oskar's condition at six month old: "They failed to identify a deaf boy, insisting that it was a matter of temporary fluid in the middle ear and there was nothing to worry about." Oskar was later diagnosed as being profoundly deaf after his concerned parents funded a private hearing test.

A PCT exceptional circumstances panel rejected their appeal for the second implant earlier this month. Mr Berknov said: "The PCT presented his case with an incomplete file and without doing sufficient research.

"They will inevitably meet mounting special needs costs throughout Oskar's educational path exceeding the initial surgery cost if they chose to ignore his request for a second implant."

Oskar's teacher at a specialist London speech, language and hearing centre has recommended the implant saying it would benefit the boy's self-esteem, social skills and ability to access a mainstream curriculum. But the Berknov's say they are racing with time as evidence suggests the implant is only truly effective if the surgery is performed before Oskar turns three.

Mr Berknov said: "Many Northern European countries already acknowledge that bilateral implantation should be the norm rather than the exception for profoundly deaf children; it's time for Richmond to follow suit."

Richmond PCT said that the exceptional circumstances committee considered requests for treatment not currently available in the area.

A spokesman said: "We cannot comment on individual cases, but in the event of a negative decision and should a patient's treating clinician wish to put forward additional information, the panel would reconvene."