Alfie’s parents lose their court fight to seek treatment abroad
THE parents of terminally-ill Alfie Evans yesterday failed in their last-ditch bid to take him abroad for treatment.
At an emotional High Court hearing, a lawyer for Tom Evans, 21, and Kate James, 20, argued that stopping them taking their son out of hospital amounted to unlawful detention.
Alfie, who is 23 months, has a degenerative neurological condition and is hooked up to life-support machines at Alder Hey Children’s Hospital in Liverpool.
The hospital says it is in his best interests for life- support to be ended and that moving him could cause further serious harm. But his parents want to take him to a Vatican- owned hospital in Italy that has pledged to treat him.
Paul Diamond, the family’s barrister, cited the ancient writ of habeas corpus, which is designed to prevent unlawful detention.
‘The simple fact is there is a clash of rights, but the court must accept its limitations,’ he said. ‘There are family and privacy rights in habeas corpus.’
But Lord Justice Moylan ruled that the parents’ wishes did not trump the best interests of their child. ‘We see no basis for any submission he’s being deprived of his liberty,’ said the judge.
He said an MRI scan had revealed ‘the almost total destruction of Alfie’s brain’ by his undiagnosed illness and that experts agreed he could die if taken abroad.
The judge expressed his dismay at protests outside the hospital organised by Alfie’s supporters.
The court had been told that medical professionals were unanimous in their belief that the toddler had a terminal illness and could not be saved.
Alfie’s parents have until 4pm today to appeal to the Supreme Court against the decision.