Following the filing of an appeal yesterday (12 April), the court order to stop Alfie Evans’ life support has been stayed until the appeal can be heard on Monday (16 April).
In Wednesday’s hearing (11 April), Paul Diamond, standing counsel to the Christian Legal Centre, argued the ancient right of habeas corpus, which requires a court to show a valid reason for a person’s detention. He argued on behalf of Tom Evans and Kate James that, as Alfie’s parents, they have “primary responsibility for their son and full parental rights” which should not be undermined by the state.
Tom and Kate argue that they should be able to remove him from Alder Hey Hospital in Liverpool, where he is being treated, without interference.
In his decision on Wednesday, Mr Justice Hayden refused to rule specifically on the issue of parental rights, saying that his ‘only remit’ was to set an end of life plan for Alfie.
The parents instructed Paul Diamond, standing counsel to the Christian Legal Centre to make an urgent appeal, which will be heard by the Court of Appeal at 10.30am on Monday (16 April).
Alfie was born healthy, but after being admitted to Alder Hey in December 2016 with a chest infection, he developed a serious illness which the doctors have been unable to diagnose. Experts acting on behalf of the hospital testified in earlier court proceedings that they saw no chance of recovery of brain activity and that it was in Alfie’s “best interests” for his life sustaining treatment to be withdrawn. Tom and Kate have been fighting to have their son released to hospitals in either Italy or Germany who have agreed to provide a second opinion and continue treatment.
Yesterday evening, an air ambulance crew, whose services were engaged by the parents, was blocked by Alder Hey Hospital from taking Alfie for treatment overseas.
A large crowd gathered outside the hospital, calling on Alder Hey Hospital to release Alfie into the care of the air ambulance crew.
Late in the evening, Mr Justice Hayden granted an injunction to stop Alfie from being removed from the hospital.