Judges publish ruling in Alfie Evans life support case
The Appeal Court judges outlined their reasoning for ruling aginst Alfie’s parents.
Three Court of Appeal judges who dismissed Alfie Evans’ parents’ latest claims have published a ruling outlining their reasoning.
Lord Justice Davis, Lady Justice King and Lord Justice Moylan ruled against Tom Evans and Kate James following a Court of Appeal hearing in London on Monday.
The judges’ ruling has now been published on the British and Irish Legal Information Institute website.
They said Alfie’s parents were making the same argument they had made earlier this year but attaching a “habeas corpus” label.
“It is clear that by their present application the parents are seeking the same outcome that they were seeking from the court in February and March 2018,” the three judges explained.
“They wanted to take Alfie to the hospital in Italy and opposed his remaining in hospital in England.
“The court had to decide whether the parents should be permitted to do what they wanted or whether Alfie should remain in Alder Hey and receive treatment and care there…
“The court decided that the parents’ views were not determinative; that moving him to hospital in Italy was contrary to his best interests.”
The judges added: “The application of a different legal label, namely habeas corpus, does not change the fact that the court has already determined the issues which the parents now seek, again, to advance. Their views, their rights do not take precedence and do not give them an “unfettered right” to make choices and exercise rights on behalf of Alfie. As the Supreme Court said in this case the rights of the child will, if inconsistent with the rights of the parents, prevail over them.”
They said Alfie was not being “detained” in hospital or “deprived of his liberty”.
“We see no basis for any submission that he is being deprived of his liberty in terms … the doctrine of habeas corpus,” said judges.
“In our view the arguments advanced on behalf of the parents provide no basis on which Alfie could be said to be detained.”