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Alfie Evans: Parents of seriously ill toddler launch new legal challenge over decision to turn off life support

Parents of 23-month-old want to take him abroad for treatment in hope he can be saved

Chris Baynes
Friday 13 April 2018 16:52 BST
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Judges have ruled that Alfie Evans' life support should be switched off
Judges have ruled that Alfie Evans' life support should be switched off (PA)

The parents of a seriously ill 23-month-old boy are to mount a new legal challenge after judges ruled his life support should be stopped.

Tom Evans, 21, and Kate James, 20, will ask the Court of Appeal to allow Alfie Evans to continue to receive treatment.

The couple, from Liverpool, have already lost fights in the High Court, Court of Appeal, Supreme Court, and European Court of Human Rights during a months-long legal battle.

On Thursday, hundreds of people protested outside Aldey Hey Children’s Hospital in Liverpool after Mr Evans said he should be allowed to take the toddler home.

This week a High Court judge set a date for Alfie’s life support to be switched off, against his parents’ wishes, after medics said his condition would not improve.

His parents want him to be moved to a hospital in Rome or Germany to continue treatment.

Appeal court officials said a new hearing had now been listed for Monday.

In February, Mr Justice Hayden ruled doctors at Alder Hey could stop treating Alfie following hearings in the Family Division of the High Court in London and Liverpool.

On Wednesday, the judge conceded Alfie's plight was “profoundly unfair” but endorsed a detailed plan put forward by medics for withdrawing life-support treatment.

He said the plan could not be published because Alfie was entitled to privacy at the end of his life.

Legal advisers representing the couple say they will ask appeal court judges to overturn at least one decision made by Mr Justice Hayden on Wednesday.

Court officials said judges had decided that Alfie should continue to receive treatment pending Monday’s Court of Appeal hearing.

Courts have heard that Alfie, born in May 2016, is in a “semi-vegetative state” and has a degenerative neurological condition that doctors have not definitively diagnosed.

Specialists at Alder Hey said life-support treatment should stop and Mr Justice Hayden accepted medical evidence which showed further treatment was futile.

Court of Appeal judges upheld his ruling, while Supreme Court justices and European Court of Human Rights judges refused to intervene.

Alfie’s parents have complained that “the state” is wrongly interfering with their parental choice.

Alfie Evans' dad Tom is cheered by crowd of protestors outside hospital

A video posted to Facebook on Thursday showed an emotional Mr Evans by his son’s hospital bed, holding a letter which he says states he has the right to leave with his child.

He said police and hospital staff were stopping him from taking away his son.

“I have documentation that says I have the right to take my son out of the hospital,” he said in the clip, while holding a leaded headed “Christian Legal Centre”.

Mr Evans claimed the documentation allowed him to leave legally and that he has removed the duty of care and given it to their air ambulance company.

During the two-and-a-half minute clip he also encouraged people to come to the hospital to stand outside and “tell them to release our son” in a “quiet protest”.

He added: “They have phoned the police over a child... Look how innocent the boy is, look at him, he lies there eagerly waiting for his trip home. How can this come to this?”

His appeal prompted hundreds of people to gather outside the hospital holding banners reading “Alfie’s army” and chanting “Let him go”.

Police said the protest was peaceful, although some demonstrators blocked nearby roads, bringing traffic to a standstill.

Merseyside Police assistant chief constable Serena Kennedy said: “Although peaceful, the large protest that took place tonight did cause significant traffic disruption and inconvenience for other people trying to access the hospital.

“I want to remind people to please consider other hospital users, as these delays could have caused serious problems for staff and patients alike.

“We fully understand what a sensitive and emotional time this is for everyone involved and I would also therefore like to pass on our appreciation for the way in which Alfie’s family were later able to speak to the crowd and offer assurance and calm.”

A hospital spokesman said: “Last night the hospital experienced significant disruption, due to a large protest concerning one of our patients. We wish to pay tribute to our amazing staff, who worked tirelessly under extremely difficult conditions to manage the implications of this disruption.

“Alder Hey is a special place with highly skilled staff who dedicate their lives to caring for and looking after thousands of sick and ill children every year.

“Our priority will always be to protect and look after the welfare of all patients and staff and to continue to provide outstanding care to our patients and families, which we know is recognised by colleagues across the NHS and in the wider public beyond.”

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