The acting Donegal coroner has refused a request to hold an inquest into missing Mary Boyle.
The family of the six year old, who disappeared in 1977 at Cashelard, Ballyshannon, was hoping an inquest would reignite a Garda inquiry.
But Dr Diarmuid Hegarty has contacted Mary’s twin sister Ann to say there was no evidence that the little Donegal girl was dead.
It is understood Dr Hegarty took legal advice on Ann’s request but phoned Ann this week to say there would not be an inquest.
Not all the Boyle family support the idea of seeking an inquest.
Mary’s mother Ann does not want to accept her daughter may be dead and did not want to give the go-ahead for an inquest.
The site at Cashelard which Gardai dug up in the search for missing Mary Boyle
However sister Ann, 42, said she felt an inquest may aid any investigation into Mary’s disappearance.
“There has been no sight nor sound of Mary in 36 years since she disappeared.
“Nobody believes that she could still be alive. Most likely she is still somewhere on the mountain.
“If there is no proof she is alive then an inquest can be held and a new Garda investigation launched, but the coroner told me there is no prospect of an inquest,” said Ann.
There was concern among the Boyle family earlier this year when a new search of Cashelard took place.
The dig took place in a field using a JCB and up to 14 Gardai.
But some of the Boyle have made an official complaint to Gardai saying proper forensic protocols were not followed.