Evans & Anor v Alder Hey Children's NHS Foundation Trust & Anor (Rev 1)

Evans & Anor v Alder Hey Children's NHS Foundation Trust & Anor (Rev 1)

There was no material change in circumstances to justify reconsideration of the withdrawal of treatment order; the best interests of the child remain the paramount consideration, and neither Alfie's Italian citizenship nor EU law rights override the English court's determination. No new medical evidence was presented, and the risk of criminal liability under Italian law is not relevant to the best interests assessment.

Parties
First Applicant (father): Mr Thomas Evans; Second Applicant (mother): Ms Kate James; First Respondent: Alder Hey Children’s NHS Foundation Trust; Second Respondent (child): Alfie Evans; Intervener: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
25 April 2018
Procedural Posture
Civil (family) / Application for Permission to Appeal (court of Appeal)
Outcome
Permission to appeal refused
Legal Topics
Best Interests of the Child, Withdrawal of Medical Treatment, Parental Rights, Jurisdiction, EU Law (free Movement)
Family Law Medical Law Human Rights Best Interests of the Child Withdrawal of Medical Treatment Parental Rights Jurisdiction EU Law (free Movement)

Case Brief

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Parties

Mr Thomas Evans

First Applicant (father)

Ms Kate James

Second Applicant (mother)

Alder Hey Children’s NHS Foundation Trust

First Respondent

Alfie Evans

Second Respondent (child)

Children's Guardian

Intervener

Procedural Posture

Civil (family) / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the survival of Alfie Evans after removal of ventilation constituted a material change justifying reconsideration of the withdrawal of treatment order
  2. 2 Whether Alfie's Italian citizenship and the availability of treatment in Italy justified revisiting the best interests determination
  3. 3 Whether EU law rights to free movement and access to medical services override the child's best interests as determined by the English court

Ratio Decidendi

There was no material change in circumstances to justify reconsideration of the withdrawal of treatment order; the best interests of the child remain the paramount consideration, and neither Alfie's Italian citizenship nor EU law rights override the English court's determination. No new medical evidence was presented, and the risk of criminal liability under Italian law is not relevant to the best interests assessment.

Court Disposition

Permission to appeal refused

Orders

  • Applications for permission to appeal by both parents dismissed
  • No further stay of the order; hospital may proceed as previously determined