The parents of gravely-ill toddler Alfie Evans are to challenge a High Court ruling preventing them from taking their son to Italy for further treatment.
A spokeswoman for the Christian Legal Centre, representing the boy’s parents, said the case is due to be heard at the Court of Appeal on Wednesday afternoon.
At an emergency hearing on Tuesday evening, Judge Anthony Hayden ruled that it was against the child’s best interests for him to be flown to the Vatican’s Bambino Gesu hospital – who have offered to continue his palliative care.
“This represents the final chapter in the case of this extraordinary little boy,” Mr Justice Hayden said.
During the hearing at the Manchester Civil Justice Centre, Mr Justice Hayden suggested that further palliative care options in the UK were explored, including the boy being removed from intensive care into either to a hospice or his home.
Mr Justice Hayden described one of the family’s advisers from the Christian Legal Centre, Pavel Stroilov, a law student and activist, as “a fanatical and deluded young man”. A witness statement prepared by Mr Stroilov and another activist for Tom Evans did “far more harm [to the parents] than it does them good”, Mr Justice Hayden said.
He added: “The statement is littered with bile, critical of those who have done so much to help Alfie.”
The emergency hearing was granted after the boy’s father, Tom Evans, said his son was still breathing several hours after being taken off life support.
But in his conclusion, the judge said there was no substance to the application.
He rejected claims by Mr Evans, 21, that his son was "significantly better" than first thought because he had now been breathing unaided for 20 hours.
He said all the hospital in Rome could offer Alfie would have been palliative care.
The judge added that the boy’s continued life was a “shaft of light” and a “special opportunity” for his parents to spend time with him – not the time for further legal manoeuvres.
After Tuesday night’s decision, Alder Hey Hospital said in a statement: "This evening the High Court again ruled that it is in Alfie’s best interests to continue with the end of life care plan developed by the clinical team who have cared for him throughout. Our top priority therefore remains in ensuring Alfie receives the care he deserves to ensure his comfort, dignity and privacy are maintained throughout. This includes working closely with Kate and Tom as they spend this precious time together with him. We would be grateful if respect and consideration is shown to all our staff, patients and families at the hospital at this difficult time."
The Royal College of Paediatrics and Child Health have also made a statement on the child’s case. In it they explain the three key sets of circumstances when withdrawing life-sustaining treatment may be considered. This includes cases where treatment is unable or unlikely to result in the child living much longer or where treatment may prolong life but will cause the child unacceptable pain and suffering.
The statement, which is signed by Professor Russell Viner, President of Royal College of Paediatrics and Child Health, concludes: “In difficult situations such as these, and amongst the plethora of voices and opinions, it is important that the public know how such decisions are made.”
Speaking outside of Alder Hey hospital on Tuesday evening, Mr Evans said that his son “could be in Italy right now”.
“We all know the military air force are ready to take him and a team of doctors are there,” he continued. “We’ve also got a German air ambulance team, who attempted to take him in the first place, ready … the reality is these people are eager to get him out of the country and I’m not giving up because Alfie’s breathing away, he’s not suffering.”
Speaking to Radio 4’s Today Programme on Tuesday morning, Prof Dr Nikolaus Haas, the head of paediatric cardiology at Munich’s university hospital, said that the toddler should be allowed to travel to receive care.
He said: “I’ve seen the child and I have a lot of experience in paediatric intensive care as well as transferring children with air ambulance around the world. Clearly Alfie would not be disturbed by any form of transport. The next question is which teams would like to care for him. And there are teams worldwide so why can’t you send this child to these teams who would like to support him.”
PICTURE: Tom Evans is pictured outside of Alder Hey hospital ©PA
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From the editor's desk > Alfie Evans: why the rights of the parents must be recognised
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