PROSECUTORS are seeking to withdraw the arrest warrant for parents of brain tumour patient Ashya King, a High Court judge has been told.
Lawyers representing the Crown Prosecution Service (CPS) and Portsmouth City Council told Mr Justice Baker of the plan at the start of a hearing in the Family Division of the High Court in London today.
Mr Justice Baker said the council asked a judge to make Ashya a ward of court last week and to give directions about his medical treatment.
He said he would be given updates on the situation at the hearing.
Brett and Naghmeh King are being held in Spain after taking their five-year-old son from Southampton General Hospital on Thursday.
The developments in court came as the head of the police force which applied for the European Arrest warrant, sparking the hunt for the parents, said the current situation was ‘not right’.
Andy Marsh, chief constable of Hampshire police, said: ‘It is my view as Chief Constable that the situation today is not right. Irrespective of what has happened it is our view that Ashya needs both medical treatment and for his parents to be at his side.
‘Our intent was to secure his safety not to deny him family support at this particularly challenging time in his life.’
In court Lucinda Davis, for the city council, said the hospital in Spain where Ashya is being treated could transfer him back to hospital in England. It also said the hospital could provide chemotherapy in Spain.
She said the issue is whether Ashya should receive proton beam treatment.
Ms Davis said the council wants what is best for Ashya and wants the High Court to consider the options.
But she said Ashya’s parents need to feature in any court hearing and cannot do so when they are under arrest.
Vikram Sachdeva, for Southampton General Hospital, said the hospital is proposing a course of chemotherapy, but not proton beam treatment. He said that proton beam treatment, which is favoured by Ashya’s parents, cannot be provided in England.
It came after David Cameron and Nick Clegg backed calls for Ashya to be reunited with his parents.
Another hearing is due to take place on Monday, in which Mr Justice Baker said he hoped the little boy’s parents would be able to take part.