Ashya King - neglect?

On Saturday it was reported that parents took their 5-year-old son suffering from a brain tumour from hospital, against medical advice. After medical staff from Southampton General Hospital informed the police that Ashya King was in “grave danger”, an international search was launched and Hampshire Constabulary obtained a European arrest warrant. Additionally, Ashya was made ward of court, which means he is appointed a guardian by the court.

The family were found in the city of Malaga in Spain on Saturday evening, where they have an apartment. The parents were arrested the same day and taken to a prison just outside Madrid, whilst 5-year-old Ashya was taken to a hospital in Malaga.

The European arrest warrant was granted on the grounds of neglect as the parents had been advised that Ashya’s condition would become critical if he was removed from hospital. One major concern was that the battery in his feeding device would run out. However, Ashya’s older brother posted a video on YouTube explaining that they were charging the device in the car on the journey to Spain and they had the same resources available as in the hospital, as they were able to order them online. He also explained that they had travelled to Spain to sell their property in order to fund a treatment provided in the Czech Republic, called Proton Beam Therapy. This is a form of radiation therapy that uses beams of protons directed more precisely at the tumour than other conventional treatments. The beams stop once they hit the target, which supposedly causes less damage to the surrounding tissue.

Ashya’s parents refused consent to their extradition to the UK, and are remaining in custody for 72 hours while the High Court Judge considers granting bail. Ashya’s six siblings were unable to visit their brother as he was under police guard. This meant the 5-year-old was alone, and unable to speak or understand any Spanish. However, yesterday afternoon Ashya’s eldest brother was allowed to visit him.

The family and the public have criticised the police’s approach to finding Ashya and his parents, saying it was a “ridiculous chase” and “cruel” that the parents are being “treated like fugitives”. However, the intention of seeking alternative treatment was not known during the search for the family on Saturday, and the police were just going by what they were told by Southampton General Hospital.

It is understandable that it was instinct for the parents to try and do what is best for their child. Ashya’s parents made it clear they are willing to do whatever is necessary for their son’s health, as they consented to blood transfusions during an operation two months ago, which in the end was not needed. However, removing Ashya from hospital against medical advice was irresponsible. Not only would travelling by car from the UK to Spain be tiring and stressful for Ashya, but also his family were unable to properly monitor his condition, which could have put him at great risk. Ashya’s parents attempted to discuss the use to proton beam therapy with the doctors at Southampton General Hospital, but ignored their judgement that the treatment was unsuitable for their son. Nevertheless, they could have informed the hospital that the clinic in the Czech Repeublic had agreed to assess whether Ashya was eligible so that arrangements could have been made for Ashya to be safely transported from the UK.

Despite what may be interpreted as neglect, it is critical that the situation resolves. Ashya will be scared, confused and missing his parents. The family needs to be reunited and it is vital that communication is made between the family, Southampton General Hospital and the proton beam therapy centre in the Czech Republic in order to agree on the best course of treatment for Ashya.

UPDATE (03/09/2014)
After publishing this post on Tuesday, the same day the Crown Prosecution Service withdrew the European arrest warrant, saying "there is insufficient evidence for a realistic prospect of conviction for any criminal offence". Since being released on Tuesday, the parents were reunited with Ashya at the hospital in Malaga today.