Alfie Evans: Court of Appeal rejects father's request to take toddler abroad

Child 'is doing still as well as he can. He’s fighting,' says Tom Evans

The parents of Alfie Evans, who is at the centre of a life-support treatment dispute, have lost the latest round of a legal battle

The toddler suffers from a degenerative neurological condition that has left him in a “semi-vegetative state”. Doctors treating him at Alder Hey Children’s Hospital in Liverpool have said further treatment is futile, and his life support was withdrawn Monday after a series of court rulings sided with the doctors and blocked further medical treatment.

Alfie’s parents, Tom Evans and Kate James, want to take him to the Vatican’s children’s hospital in Italy, which has said it is willing to take him.

But three appeal judges on Wednesday dismissed their challenge following a hearing in London that the couple did not attend.

Judge Andrew McFarlane said nothing had changed since a previous court ruling that Alfie’s treatment should end.

High Court Justice Anthony Hayden dismissed the parents’ case on Tuesday, and said his ruling represented “the final chapter in the life of this extraordinary little boy”.

It was not immediately clear whether Alfie’s parents would seek another appeal.

The months-long legal battle between Alfie’s parents, backed by a Christian pressure group, and his doctors has drawn interventions from the pope and Italian authorities, who support the parents’ desire to have their son treated in Italy.

Paul Diamond, attorney for Alfie’s father Tom Evans, said Evans accepted that his son would die but wanted palliative care in line with his Catholic faith.

Alfie’s father says the boy has continued to survive with no assistance after life support was withdrawn, and that doctors had subsequently resumed providing oxygen and hydration. On Wednesday he said Alfie was being given food again after 36 hours without it.

“Alfie is doing still as well as he can. He’s fighting,” Mr Evans told ITV.

A lawyer for Alfie’s mother told the court Wednesday the child was “struggling” and needed immediate intervention if he is to survive much longer.

Doctors say it is hard to estimate how long Alfie will live without life support, but that there is no chance he will get better.

Under British law, it is common for courts to intervene when parents and doctors disagree on the treatment of a child. In such cases, the rights of the child take primacy over the parents’ right to decide what’s best for their offspring.

Emotions have run high over the case, with a band of supporters known as “Alfie’s Army” protesting regularly outside the hospital, at times trying to storm the entrance.

The hospital increased its security, and police said they were monitoring social media posts about the case for malicious communications.

McFarlane, the judge, said Tom Evans had attempted to bring a private prosecution for conspiracy to murder against three of Alfie’s doctors.

Alfie’s case has drawn international attention, with officials in largely Catholic Poland and Italy implicitly criticizing Britain’s courts and state-run National Health Service.

Polish President Andrzej Duda tweeted Wednesday that “Alfie Evans must be saved!”

“His brave little body has proved again that the miracle of life can be stronger than death,” the president wrote on Twitter. “Perhaps all that’s needed is some goodwill on the part of decision makers. Alfie, we pray for you and your recovery!”

Pope Francis has met Alfie’s father and made appeals for the boy’s parents’ wishes to be heeded, saying only God can decide who dies.

Italy has a military plane on standby to transport Alfie to Rome if the courts allow it. Alfie has also been granted Italian citizenship to facilitate his arrival and transport.

Press Association contributed to this report