High Court judge rejects Alfie Evans' parents' 'last ditch' appeal to save him as Alder Hey hospital is set to make announcement on terminally-ill boy

  • Italy's government said it hoped the move would allow an 'immediate transfer'
  • The Pope intervened again after meeting Alfie's father, Tom Evans, last week 
  • The terminally ill 23-month-old has a degenerative neurological condition 
  • It came as protesters tried to storm the Liverpool hospital where Alfie is treated 
  • His parents want him moved from Liverpool to be treated at a hospital in Rome 
  • The hospital previously offered help to Charlie Gard, who died last summer
  • The European Court of Human Rights earlier said it will not intervene in the case
  • Alder Hey hospital set to make statement at 7am today

The parents of terminally ill toddler Alfie Evans last night lost a 'last-ditch' appeal to delay the withdrawal of treatment and mount a further legal challenge. 

It comes as Alder Hey hospital in Liverpool, where he is being treated, announced they would be making at statement at 7am today. 

Italy granted citizenship to the 23-month-old in a bid to have him transferred to a hospital in Rome, as the Pope intervened again in the case to say he hoped the boy's parents would be able to seek new treatment.

The Italian Foreign Ministry said it hoped the decision would allow for the toddler's 'immediate transfer' to a hospital where Alfie's father Tom Evans, 21, and mother Kate James, 20, say doctors are willing to treat him.

But a High Court judge last night dismissed a last-ditch appeal by Alfie's parents to delay and mount a further challenge, as Mr Justice Hayden gave doctors the go-ahead to stop treatment and said Alfie still came under the jurisdiction of British courts.

It came as protesters gathered outside the hospital and tried to storm the building, forcing police to guard the entrance before Mr Evans told supporters a withdrawal of life support could be regarded as murder. 

 

Alfie Evans's father Tom speaks to media and a large crowd outside Alder Hey hospital this evening, after Italy granted the toddler citizenship

Mr Evans, pictured speaking to supporters outside the Liverpool hospital today, has been fighting for his son Alfie to receive treatment at a Vatican-administered hospital in Rome

Mr Evans, pictured speaking to supporters outside the Liverpool hospital today, has been fighting for his son Alfie to receive treatment at a Vatican-administered hospital in Rome

A crowd remained outside the hospital on Monday night with a police presence still in place

A crowd remained outside the hospital this evening with a police presence still in place 

The removal of life support comes after the family lost a 'last-ditch' appeal to delay the withdrawal of treatment and mount a further legal challenge

This picture of Alfie Evans was posted on Facebook today by his father, Tom Evans, 21

Police had to step in to stop protesters trying to enter Alder Hey hospital in Liverpool where Alfie Evans is being treated for a degenerative neurological condition

Police had to step in today to stop protesters trying to enter Alder Hey hospital in Liverpool 

The Pope, who previously met Alfie's father, intervened again in the case to say he hoped the boy's parents would be able to seek new treatment

The Pope, who previously met Alfie's father, intervened again in the case to say he hoped the boy's parents would be able to seek new treatment

Mr Evans said withdrawal of life support would be a 'straight up execution'. He earlier posted on Facebook to say he was waiting for Italian authorities to call UK Foreign Secretary Boris Johnson.

Judges have heard that Alfie, born on May 9 2016, is in a 'semi-vegetative state' and has a degenerative neurological condition doctors had not definitively diagnosed. 

Last night barrister Paul Diamond, who represents the couple, told the judge that Alfie had been granted Italian citizenship on Monday, saying there was now an 'international relations element' to the case.

But Mr Justice Hayden dismissed Mr Diamond's application, saying it amounted to a 'last-ditch appeal' and said Alfie was a British citizen and 'habitually resident in the UK', meaning the High Court had jurisdiction. 

Doctors in Liverpool have said the flight to Italy would be too difficult for him and UK courts, including the Supreme Court, have upheld their decision. Yesterday morning the European Court of Human Rights refused to intervene in the case.

Speaking outside the hospital yesterday evening, Mr Evans: 'I'm stood here now and Alfie is still here. Why? Because I'm still fighting for him, I'm still fighting and so is Alfie. I have been in touch with the Ambassador of Italy. My son belongs to Italy. I love Alfie and I love Kate, I will not give up.'

Around 100 people remained outside Alder Hey Children's Hospital awaiting news on Alfie Evans while a line of police officers guard the main entrance, with more police stationed at other entrances. 

Pope Francis said on Twitter: '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.' 

Police attempt to keep protesters, one pushing a pram, out of the hospital's revolving door

Police attempt to keep protesters, one pushing a pram, out of the hospital's revolving door

Terminally ill toddler Alfie Evans has died after a long-running battle over his treatment for a degenerative neurological condition 

Alfie Evans is in a 'semi-vegetative state' and has a degenerative neurological condition

Tom Evans pictured with the Pope, who has thrown renewed support behind the family

Tom Evans pictured with the Pope, who has thrown renewed support behind the family

A source close to the Evans family said a UK judge would hold an urgent telephone conference with Italian legal representatives to discuss Alfie's plight.

Alfie's father met the Pope last week to ask for asylum, kissing the pontiff's hand and begging him to 'save our son'.

The head of the Bambino Gesu Pediatric Hospital, which is administered by the Vatican, also travelled to Liverpool in a bid to have the boy transferred, saying Pope Francis asked her to do everything 'possible and impossible' to save him.

The hospital previously offered to help in the case of Charlie Gard, who died from a rare form of mitochondrial disease that causes progressive muscle weakness, including in his organs.

Mr Evans's sister Sarah also emerged briefly from the hospital yesterday to tell supporters that Alfie's 'heartbroken' father was still inside the hospital.  

Their case went before the European Court of Human Rights (ECHR) yesterday morning after it was rejected by the UK's Supreme Court, but judges in Strasbourg also refused to intervene, saying the application was 'inadmissible'.

Following the decision, around 200 people gathered outside Liverpool's Alder Hey hospital, as supporters blocked the road outside the hospital, linking arms and chanting, 'Save Alfie Evans!' 

Some of the protesters attempted to get into the hospital as police guarded the entrance

Some of the protesters attempted to get into the hospital as police guarded the entrance

Some of the group surge towards are door after protesters tried to block a road to the hospital

Some of the group surge towards are door after protesters tried to block a road to the hospital

Dozens had ran towards the main doors before police officers stationed inside and out strung across the entrance blocking the way, and after after a short stand off the crowd retreated to gather around 100 yards away on the road outside. 

One woman described the crowd as 'terrifying', saying: 'Everyone just ran and were going for the doors, pushing police out of the way - but they weren't going to get in past the police. 

'I understand people want to support Alfie and I've got a lot of respect for people who want to support him but I've got respect for the hospital as well because they've saved my little girl's life.' 

Another woman whose child is being treated at the hospital after being in a car accident and whose son had a separate appointment at the hospital today said: 'We support Tom and Kate but we don't support them storming.

'We were walking out and I had my baby in a wheelchair. I was getting tossed and turned by coppers trying to get out and my baby was terrified,' she said. 

Some Twitter users compared the case negatively to the national euphoria following the birth of the royal baby on the same day. 

One said: 'A royal birth means nothing to me I'd rather focus my attention to things closer to home and show my support for Alfie Evans. All the best little man.

Another said: 'My thoughts are with Alfie Evans today, not the royal baby.'  

Alfie's father Tom said today he believes his son is going to die and threatened private prosecutions against medics from the hospital

Alfie's father Tom said today he believes his son is going to die and threatened private prosecutions against medics from the hospital

A large crowd of around 200 demonstrators gathered outside the hospital on Monday 

A large crowd of around 200 demonstrators gathered outside the hospital today

Police guarded the hospital's entrance after a group of protesters surged towards the door

Police guarded the hospital's entrance after a group of protesters surged towards the door

Merseyside Police said they recognised the 'sensitivities' involved in the case

Merseyside Police said they recognised the 'sensitivities' involved in the case

A large crowd gathered outside the hospital after Mr Evans spoke of his fears his son would die

A large crowd gathered outside the hospital after Mr Evans spoke of his fears his son would die

It comes after a British judge said flying Alfie to a foreign hospital would be wrong and pointless, in a decision since backed by Britain's Appeal Court and the Supreme Court.

An ECHR spokesman said today: 'The European Court of Human Rights has today rejected the application submitted by the family of Alfie Evans as inadmissible.'

The couple have argued that Alfie is being wrongly 'detained' at Alder Hey and have made a habeas corpus application.

A writ of habeas corpus - Latin for 'you may have the body' - is a legal manoeuvre which requires a court to examine the legality of a detention.

It is a piece of common law which probably dates back to Anglo-Saxon times.

A spokesman for Alder Hey said: 'Alder Hey Children's Hospital remains open as usual for all visitors and appointments, however visitors may notice an increase in visible police presence in and around the hospital site - this is part of our ongoing security arrangements.' 

The case has echoes of that of Charlie Gard, who was born in August 2016 with a rare form of mitochondrial disease that causes progressive muscle weakness, including in his organs.

The British boy died on July 29, one week short of his first birthday, after doctors withdrew life support treatment.

Gard's parents fought a five-month legal battle for him to be taken to the United States for experimental treatment.

They lost a series of appeals in British courts and the ECHR.  

Around 200 people gathered outside the hospital after Mr Evans said his son would die soon

Around 200 people gathered outside the hospital after Mr Evans said his son would die today

Protestors want the hospital to keep Alfie alive and allow his parents to decide his care

Protestors want the hospital to keep Alfie alive and allow his parents to decide his care

Protesters who call themselves 'Alfie's Army' held placards outside the hospital 

Protesters who call themselves 'Alfie's Army' held placards outside the hospital today

A protester ties a balloon to a road sign on which demonstrators have tied messages

A protester ties a balloon to a road sign on which demonstrators have tied messages

There were tears among those who gathered outside the hospital in Liverpool this afternoon

There were tears among those who gathered outside the hospital in Liverpool this afternoon

Chief Inspector Chris Gibson of Merseyside Police said: 'We continue to provide a policing presence at Alder Hey and recognise the sensitivities involved in this very difficult and sad situation.

'We would like to remind the public that this is a hospital for sick children and it should not be forgotten that many families are going through extremely challenging and emotional times.

'We would ask protesters to respect families and staff, including the poorly children in the wards and to ensure that access to the hospital is not restricted at any time, so that services including the blood and ambulance service can run as efficiently as possible.'

Motorists were advised to use alternative routes. 

Alfie Evans: Timeline of case brought by parents against hospital

May 2016: Alfie Evans is born apparently perfectly healthy, but misses numerous developmental milestones in his first seven months

December 2016: Alfie catches a chest infection causing seizures, and is taken to Alder Hey Children's Hospital in Liverpool where he is put on life support. He has been there ever since

July 2017: Father Tom Evans says he is seeking US treatment for his son and hopes Charlie Gard's supporters will help after he claimed doctors want to turn off Alfie's life support.

December 17: Alfie's parents say they will begin mediation with the hospital in a bid to find a way forward without legal action

December 19: Mr Evans claims the toddler is letting them know he wants to live

His parents Tom Evans and Kate James are fighting to have him moved to a hospital in Rome. Today they were told the European Court of Human Rights would not intervene in the case

His parents Tom Evans and Kate James are fighting to have him moved to a hospital in Rome. Today they were told the European Court of Human Rights would not intervene in the case

February 1 2018: The case goes to the High Court in Liverpool, where the hospital reveal the parents smuggled a German doctor into hospital in a bid to stop the life support from being switched off

February 2: Consultant tells High Court that the child is unresponsive, not conscious of his surroundings and cannot be cured

February 5: Parents are told by doctors there is 'no hope for recovery' for their boy who has suffered 'catastrophic degradation' to his brain from a 'relentless' condition

February 7: Miss James tells a newspaper that she feels 'physical' pain at the thought of her son's death

February 20: Mr Justice Hayden rules that doctors can stop providing treatment to Alfie.

February 22: Alfie's father, Tom, 21, said he would appeal against the decision, saying 'doctors should take a step back.'

Alfie's father Tom met the Pope this week. He said 'Your Holiness, save our son' and asked for asylum for Alfie

Alfie's father Tom met the Pope this week. He said 'Your Holiness, save our son' and asked for asylum for Alfie

March 1: Court of Appeal judges refuse to give the parents more time to think before deciding on their next move.

March 6: Three Court of Appeal judges back High Court judge's ruling that that doctors can stop treating Alfie.

March 20: A panel of three justices, headed by Supreme Court president Lady Hale, decide that the case is not worth arguing and has refuse to give the couple 'permission' to mount a further appeal.

April 11: A High Court judge endorses an end-of-life care plan for the 23-month-old boy.

April 16: Parents mount new legal challenge, asking that he be allowed to travel, but again lose at the Court of Appeal. Alfie's parents apologise after reports of intimidation and verbal abuse among hospital protesters.

April 18: Alfie's father kisses the hand of the Pope and begs him to 'save our son'.

April 20: Supreme Court rejects latest legal bid for the youngster to travel.

April 23: European Court of Human Rights refuses to intervene. The Italian Foreign Ministry grants Alfie citizenship amid protests outside the Liverpool hospital. 

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High Court judge rejects Alfie Evans' parents' 'last ditch' appeal

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