The parents of the terminally ill child Alfie Evans have lost their latest attempt at the Court of Appeal to take their son out of Alder Hey hospital and have him flown to Italy.
Tom Evans, 21, and Kate James, 20, went to the Court of Appeal this evening, Wednesday, in an attempt to overturn a decision last night by the High Court.
Three judges headed by Sir Andrew McFarlane heard that Alfie is “struggling” after his ventilation was withdrawn earlier this week.
Lord Justice McFarlane said the only determining factor is the "best interests" of Alfie.
He added: “What rights others have, particularly the parents, falls into a subsidiary category.”
The latest defeat for the parents came as the Liverpool hospital issued a powerful open letter describing some of the abuse they and staff have suffered, and thanking Merseyside Police, who also issued a statement of their own warning that they are monitoring social media posts on the case.
Alder Hey Hospital said: "Alfie Evans has deeply affected us all at Alder Hey. There isn't one member of our staff untouched by his desperate story, the facts of the case and the publicity surrounding it. All of us feel deeply for Alfie and his whole family and we continue to do everything we can to support them as best we can, just as we have for the last 17 months.
"Yet, in the last two weeks, we have found ourselves at the centre of a social media storm that has included many untrue statements about our work and the motivations of our staff. This has led to often inappropriate interventions from a range of external bodies and individuals, some of which have caused significant disruption to our children, families and staff."
The letter says all at the hospital share the heartbreak that occurs when a child cannot be cured and when a child dies. "Our expert professional and compassionate clinical teams always work closely with parents and families in these difficult and distressing circumstances to provide support and comfort in a way that is sensitive to their needs."
Referring to comments in court by Mr Justice Hayden on the "diligent professionalism of some truly remarkable doctors and the warm and compassionate energy of the nurses whose concern and compassion is almost tangible", the open letter, signed by Sir David Henshaw and Louise Shepherd, chairman and chief executive, continues: "Unfortunately, these same remarkable staff have recently been the target of unprecedented personal abuse that has been hard to bear.
"As an organisation, we have endured attacks upon our motivation, our professionalism and our ethics. It has been a very difficult time.
"Having to carry on our usual day-to-day work in a hospital that has required a significant police presence just to keep our patients, staff and visitors safe is completely unacceptable. Our staff have received in person, via phone calls, email, and through social media channels a barrage of highly abusive and threatening language and behaviour that has shocked us all. Worse still, patients and visitors to Alder Hey have also reported abuse."
In a statement, Chief Inspector Chris Gibson said: “Merseyside Police has been made aware of a number of social media posts which have been made with reference to Alder Hey Hospital and the ongoing situation involving Alfie Evans.
“I would like to make people aware that these posts are being monitored and remind social media users that any offences including malicious communications and threatening behaviour will be investigated and where necessary will be acted upon.”
Lawyers for the boy's parents, who are being represented by the Christian Legal Centre, had been back in court in London appealing the result of their emergency hearing in Manchester last night, held after Alfie was still breathing several hours after being taken off life support.
In addition, the appeal court heard, Alfie's father Tom Evans has threatened a private prosecution against three of the doctors for "conspiracy to murder".
Lord Justice McFarlane told Paul Diamond, of the Christian Legal Centre, the barrister representing Mr Evans: "Your client purported to take out a private prosecution to have three named doctors charged with the criminal offence of conspiracy to murder. Those summonses were served on the doctors and I hear you say that there is no hostility to the NHS."
Tensions remained high at Alder Hey where an air ambulance has been waiting ready to take the boy to Italy, where he has been offered treatment.
That earlier hearing before a high court judge in Manchester was on Tuesday afternoon.
Tonight's hearing was an appeal against that decision.
Alder Hey Hospital said in a statement after the Court of Appeal hearing: "We note today’s ruling from the Appeal Court which has rejected both applications to take Alfie to Italy. Our top priority is to continue to provide Alfie with the care he deserves and to ensure his comfort, dignity and privacy are maintained at this time."
The boy’s father, Tom Evans, told reporters at 7am on Tuesday morning that Alfie’s life support was withdrawn around 9pm on Monday night but that he was breathing on his own and had been given oxygen.
The 23-month-old, who is suffering from a rare, undiagnosed neurological illness, has been at the centre of a legal battle between his parents, Tom Evans, 21, and Kate James, 20, and the Liverpool hospital where he has been treated since December 2016. Medical specialists have said that Alfie is in a “semi-vegetative” state” and that further treatment would be “futile,” adding that it would also be “unkind and inhumane.”
The boy’s parents want to move their son to the Vatican-owned Bambino Gesù children’s hospital in Rome where they say his care can continue. Life support for the boy was withdrawn at Alder Hey Children’s hospital on Monday night after the same judge, Mr Justice Hayden, rejected fresh submissions heard in private from lawyers representing Alfie’s parents and gave doctors the go-ahead to stop treatment.
The Italian Ministry of Foreign Affairs has granted the boy Italian citizenship, hoping it would allow him an "immediate transfer to Italy". The High Court had ruled in February that Alder Hey Children's Hospital could stop providing life support for Alfie and his parents have subsequently lost several challenges to this decision.
Pope Francis again expressed support for the boy’s parents tweeting on Monday evening: "Moved by the prayers and immense solidarity shown little Alfie Evans, I renew my appeal that the suffering of his parents may be heard and that their desire to seek new forms of treatment may be granted."
Last Wednesday, Thomas Evans, the boy’s father met Pope Francis at his Casa Santa Marta residence in Rome. Francis later mentioned Alfie during his weekly general audience in St Peter’s Square. The Catholic Bishops of England and Wales issued a statement on the case on the same day. The bishops defended Alder Hey hospital, saying the “public criticism” of their work was “unfounded as our chaplaincy care for the staff, and indeed offered to the family, has been consistently provided.” “We affirm our conviction that all those who are and have been taking the agonising decisions regarding the care of Alfie Evans act with integrity and for Alfie’s good as they see it,“ the statement said. The hospital said it would “not be issuing any updates” on the toddler’s condition out of respect for the family’s privacy.
PICTURE: Tom Evans talks to the media outside Liverpool's Alder Hey Children's Hospital early on Tuesday 24 April ©PA
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