Evans & Anor v Alder Hey Children's NHS Foundation Trust & Anor (Rev 1) [2018] EWCA Civ 984 (25 April 2018)

Evans & Anor v Alder Hey Children's NHS Foundation Trust & Anor (Rev 1) [2018] EWCA Civ 984 (25 April 2018)

No material change in circumstances was established; continued breathing post-extubation was anticipated and does not justify reconsideration. The child's best interests remain the paramount consideration under English law, overriding EU law arguments. No new medical evidence was required, and potential criminal liability under Italian law is irrelevant to the determination of the child's best interests.

Citation
[2018] EWCA Civ 984
Parties
First Applicant: Mr Thomas Evans; Second Applicant: Ms Kate James; First Respondent: Alder Hey Children's NHS Foundation Trust; Second Respondent: Alfie Evans; Intervener: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
25 April 2018
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Best Interests of the Child, Withdrawal of Life Sustaining Treatment, Parental Rights, Habeas Corpus, Free Movement Within EU, Jurisdiction Under Brussels II Revised Regulation
Family Law Medical Law Human Rights Law EU Law Best Interests of the Child Withdrawal of Life Sustaining Treatment Parental Rights Habeas Corpus +2 more

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Parties

Mr Thomas Evans

First Applicant

Ms Kate James

Second Applicant

Alder Hey Children's NHS Foundation Trust

First Respondent

Alfie Evans

Second Respondent

Children's Guardian

Intervener

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether new developments (continued breathing post-extubation, Italian citizenship) justify reconsideration of withdrawal of life-sustaining treatment
  2. 2 Whether EU law rights (free movement, access to medical services) override the child's best interests under English law
  3. 3 Whether the judge erred in not requiring new medical evidence post-extubation

Ratio Decidendi

No material change in circumstances was established; continued breathing post-extubation was anticipated and does not justify reconsideration. The child's best interests remain the paramount consideration under English law, overriding EU law arguments. No new medical evidence was required, and potential criminal liability under Italian law is irrelevant to the determination of the child's best interests.

Court Disposition

permission to appeal refused

Orders

  • applications for permission to appeal dismissed
  • no further stay of Court of Appeal's order