Charlie Gard cannot spend 'significant time' in hospice, court rules

Charlie Gard’s parents have been unable to fulfil their wish to have him kept on life support systems for a “significant” period of time after he is moved to a hospice, Great Ormond Street hospital (Gosh) has said.

Connie Yates and Chris Gard had hoped that they would be able to spend “a week or so” in a hospice with their son before he was moved off a ventilator. But Gosh said that would require a 24/7 intensive care team and a high court judge gave Charlie’s parents until noon on Thursday to source one.

Mr Justice Francis laid out an alternative – default – position, which would involve a shorter time in hospice, if they were unsuccessful.

A Gosh spokeswoman said: “Sadly, as the judge has now ruled, there is simply no way that Charlie, a patient with such severe and complex needs, can spend any significant time outside of an intensive care environment safely.

“The risk of an unplanned and chaotic end to Charlie’s life is an unthinkable outcome for all concerned and would rob his parents of precious last moments with him.

“As the judge has now ruled, we will arrange for Charlie to be transferred to a specialist children’s hospice, whose remarkable and compassionate staff will support his family at this impossible time.”

Charlie’s parents had issued a plea on Wednesday evening for a paediatric intensive care consultant to come forward to help them spend “some peaceful time with our baby boy”.

The alternative timetables for Charlie’s death were agreed on Wednesday, with members of the press and public excluded, and they remain confidential.

Francis’s order, made public on Thursday, states: “In the absence of agreement between the guardian and Gosh and the proposed intensive care treating team for provision of intensive care in a hospice setting for an extended period of a few days, by 12noon 27 July 2017, it shall be lawful and in the best interests of Charlie … for artificial ventilation to be withdrawn after a period set out in the confidential annexe.”

Before the members of the press and public were excluded on Wednesday, Francis said that in the absence of an intensive care team being found by the parents, Charlie would “be transferred to a hospice and extubated [have his tube removed] shortly thereafter”.

Victoria Butler-Cole, the lawyer for Charlie’s guardian, had earlier referred to the choice being between Charlie spending a period of hours or days on the ventilator when transferred out of hospital.

After the terms of the order were agreed in private on Wednesday, as the press and public were allowed back into the court room, Yates sobbed angrily: “I don’t want to be in the same room as him,” words said to be aimed at the judge. She also said: “What if it was your child?” and: “Hope you’re happy with yourself,” before leaving the court in tears.

She and her husband, who was absent from court on Tuesday and Wednesday to spend time with their son, originally said it was their “last wish” for Charlie to die at home but reluctantly gave up on that hope in the face of opposition from Gosh.

On Monday, Charlie’s parents abandoned their fight to allow him to be flown to the US for experimental treatment for mitochondrial disease, having determined it was no longer viable because of muscular atrophy he had suffered while the case went through the courts.

But the case unexpectedly returned to court on Tuesday as Gosh and Charlie’s parents once again found themselves at odds, this time over where he should spend his final hours.