The father of Alfie Evans said his family has ‘sustained his life for the third time’ as the toddler continues to cling to life two days after his life support was withdrawn.
Alfie’s mother, Kate James, posted footage of herself stroking her son’s face at Alder Hey Hospital, Liverpool, where doctors removed his ventilator on Monday night.
She wrote on Facebook: ‘My whole entire world I love you so much baby boy.’
It came after the 23-month-old’s parents lost their latest appeal to have their terminally ill son transferred to Italy for treatment yesterday.
Alfie’s mother, Kate James, posted footage of herself stroking her son’s face at Alder Hey Hospital, Liverpool, where doctors removed his ventilator on Monday night
This picture of Alfie and his father sleeping in the background was posted on Facebook
Supporters shared this photo of mother Kate James cradling her son at Alder Hey Hospital in Liverpool, where doctors have withdrawn life support. He is still alive two days later
Friends were seen bringing ventilation equipment and a defibrillator to the hospital following calls from Alfie’s aunt Sara on Facebook yesterday.
It is unlikely relatives would be able to use such equipment on Alfie, who suffers from a degenerative neurological condition, as to do so would be in breach of a court order.
Saying Alfie had needed his life sustaining three times, Mr Evans said: ‘He’s comfortable, content, fighting – the three words I’ve used all the way through this case. He’s more comfortable now he’s got no tube and he’s breathing for himself.
‘I don’t want to be big-headed and say, “I told you so”, but we had to fight hard against this to say, “Remove the drugs, remove the machine”, and he’s doing it now.
‘He ain’t showing no sign of suffering or that he needs support or anything. The nurses have been coming in to review him and they’re happy.
‘He looks comfortable. He looks chilled. And that’s the most important thing right now.’
Supporters keeping vigil outside the hospital tonight were told Mr Evans had ‘fallen asleep next to his little boy’ and would not be speaking again until Thursday morning.
The Bambino Gesu paediatric hospital in Rome, which is administered by the Vatican, has said a specially-equipped plane is on standby to fly to Britain to pick up Evans if he is released.
Tom Evans met the pope in the Vatican last Wednesday after several statements of support made by the pontiff.
It emerged at yesterday’s Court of Appeal hearing that the toddler’s father wants three Alder Hey Children’s Hospital doctors prosecuted for conspiracy to murder. The medics who cannot be named, have each been served with a summons, the court heard.
Alfie’s parents, Tom Evans and Kate James, who are now represented by different legal teams, were defeated again in their bid to have Alfie transferred to hospital in Rome, where the Italian government has granted him citizenship.
At a hastily arranged appeal hearing in London yesterday afternoon, Paul Diamond of the Christian Legal Centre – who is representing Mr Evans – asked judges Lord Justice McFarlane, Lord Justice Coulson and Lady Justice King to let Alfie be flown to Rome for treatment.
The barrister said that there had been a ‘significant change of circumstances’ as Alfie was still breathing despite being taken off a ventilator at 9.40pm on Monday. Jason Coppel QC, representing Miss James, also claimed that as a European citizen Alfie ought to be allowed to fly to Italy.
Supporters outside the hospital last night where staff say they have been feeling intimidated
Supporters tie balloons outside Alder Hey Children’s Hospital, Liverpool, yesterday evening
A supporter of Alfie Evans’s parents is pictured crying after hearing the appeal had been rejected last night with supporters outside Alder Hey Children’s Hospital
Supporters of Alfie Evans’s parents are pictured gathering outside the hospital yesterday
Police remained in place outside as they revealed they were monitoring social media posts
But the judges rejected both lawyers’ claims, agreeing with the hospital that nothing had changed since a High Court judge first ruled in February that it was not in Alfie’s best interests to leave Alder Hey.
They said the fact that the child was breathing unaided did not mean he was improving because doctors had never suggested death would be instantaneous, and that in reality he was dying.
Alfie’s father said yesterday there is no longer a dialogue between them and the doctors, who they say have not tested or observed their son since his life-support machines were withdrawn at 9pm on Monday.
Mr Evans’s barrister, Paul Diamond, said an air ambulance was on standby at the ‘request of the Pope’. Its German pilots were thrown out of Alder Hey yesterday afternoon.
Mr Diamond argued that there had been a ‘significant change of circumstances’ because the life-support treatment had stopped, but Alfie was still breathing. The hospital’s lawyers submitted that Alfie’s death had never been expected to be ‘instantaneous’.
The lawyer, who is counsel for the pro-life group the Christian Legal Centre, also said there were ‘tensions’, but insisted that there was no ‘hostility’ against the NHS.
But, in an astonishingly frank exchange, Lord Justice McFarlane responded by telling him: ‘Your client purported to take out a private prosecution to have three named doctors charged with the criminal offence of conspiracy to murder.
‘Those summonses were served on the doctors and I hear you say that there is no hostility to the NHS.’
Mr Diamond replied: ‘There is no hostility but within that process there are tensions.’
Jason Coppel QC said Alfie’s mother Kate James had told him: ‘Alfie is struggling and needs immediate intervention.’
The judges heard that Ms James is now represented by Jason Coppel QC rather than Mr Diamond who continues to represent Alfie’s father.
Mr Diamond said Alfie could be ‘kept prisoner’ in hospital ‘when there is alternative, fantastic care available for him, telling the judges: ‘We submit there is a likelihood of Alfie having some pleasure in life. That is beyond our knowledge.’
Lady Justice King said: ‘That is not the evidence. The evidence is that he is unlikely to have pain, but that tragically everything that would allow him to have some appreciation of life, or even the mere touch of his mother, has been destroyed irrevocably.’
Alder Hey’s doctors, nurses and staff say they have faced vitriol from some of the toddler’s supporters, making it ‘impossible’ for the little boy to go home, the High Court heard yesterday.
The family of terminally ill toddler Alfie Evans have released pictures of the little boy clinging to life in his mother Kate’s arms
Supporters keep vigil for Alfie Evans outside Alder Hey Children’s Hospital last night
In an open letter, chairman of Alder Hey hospital Sir David Henshaw and chief executive Louise Shepherd said staff had been ‘deeply affected’ by the story of Alfie Evans and felt ‘deeply’ for him and his whole family.
But they defended staff from what they said had been a ‘barrage’ of abuse.
The letter said: ‘Yet in the last two weeks we have found ourselves at the centre of a social media storm that has included many untrue statements about our work and the motivations of our staff.
‘This has led to often inappropriate interventions from a range of external bodies and individuals, some of which have caused significant disruption to our children, families and staff.
‘Our nursing, medical and support staff come into work each day at Alder Hey determined to do the best for our patients and those who care for them.
‘Justice Hayden has also commented upon the ‘diligent professionalism of some truly remarkable doctors and the warm and compassionate energy of the nurses whose concern and compassion is almost tangible’.
‘Unfortunately, these same remarkable staff have recently been the target of unprecedented personal abuse that has been hard to bear.’
Lord Justice McFarlane said there was evidence that Tom Evans and Kate James had made decisions based on incorrect advice.
The judge, who headed a panel of appeal judges considering Alfie’s case, said similar issues had arisen in other recent cases.
He said there was a ‘darker side’ to some offers of support and suggested that some form of investigation should be staged.
Christian Legal Centre, the pro-life organisation behind Alfie’s legal team, said an air ambulance was ‘on hand’ if needed.
The Italian government has also offered him a private jet while the Pope, who met Mr Evans last week, said he hoped that the parents’ ‘desire to seek new forms of treatment may be granted’.
A Polish flag flies outside Liverpool’s Alder Hey Children’s Hospital, in support of Alfie Evans. The Polish President weighed in today in support of Alfie’s parents
Tom Evans, Alfie’s father, pictured speaking to supporters outside the Liverpool hospital last night, but the family will return to court again later
Medics have given the boy some oxygen and water but Mr Evans said his son (pictured today) will need further urgent medical assistance if he is to survive the day
Mr Evans pleaded in a Facebook post today: ‘Please save our son, your Lordships’
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
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
Doctors in Liverpool, who believe it is in Alfie’s best interests to have life support switched off, say he cannot survive and that a trip to Rome would be wrong and pointless.
At a special High Court hearing in Manchester on Tuesday, Mr Justice Hayden refused to let him fly to Rome, saying the long-running case had reached its ‘final chapter’.
One of the hospital doctors said the soonest they could move him home would be three to five days, but that ‘hostility’ to doctors would make that impossible and that there was ‘genuine fear’ among medics.
Mr Evans claimed that he and Alfie’s mother ‘had to give him mouth to mouth resuscitation to keep him alive because his lips turned blue’.
A doctor giving evidence, who cannot be identified for legal reasons, said: ‘If I was being honest I think in Alfie’s situation [a return home] would have to be staged. I do not feel confident that we can say right now we can just send him home.
‘We have to be sure we can work with the family and we are not going job obstructed by the supporters who are threatening us and posting things on Facebook.’
At the start of the hearing, Mr Diamond said: ‘It’s really an application for common humanity and common sense.’
But the judge interjected and told the lawyer to ‘confine himself to the law’ and avoid ’emotive nonsense’, later adding: ‘I don’t need to be reminded we have a human being. You do not have the moral high ground in this court. It is treacherous terrain.’
Discussing Alfie’s care, the judge said: ‘The options of palliative care are to be discussed with Alfie Evans’ parents with the objective of promoting a removal from hospital if possible.
‘All this is to be predicated on the premise that the plan is to promote the best options for end of life care.
‘There is no change in the degenerative state of his brain. There is capacity for something of his brain stem to generate breathing.’