Baby Alfie
© Alfie’s Army/Facebook
Alfie Evans
The judge presiding over the Alfie Evans hearing has told the Court of Appeal that his dad Tom Evans has sought to privately prosecute doctors for conspiracy to murder.

According to reporters at the court, Tom Evans has been talking about private proceedings to have three named doctors charged with conspiracy to murder in the case of his son.

Papers were served on doctors at Alder Hey Children's hospital yesterday, the court heard.

Tom Evans' barrister is understood to have told the court: 'He is a desperate man clutching at straws.'

Alfie, who has been at the centre of a life-support treatment dispute, is 'struggling', judges were earlier told.

Three Court of Appeal judges are analysing the latest stage of the life-support treatment fight over the 23-month-old boy at a hearing in London.

Tom Evans father of baby Alfie
© Getty
Tom Evans, father of Alfie Evans, has started proceedings against three doctors on a charge of conspiracy to murder, a court has heard
Alfie's parents Tom Evans and Kate James, who are both in their early 20s and from Liverpool, are appealing following a ruling made by a High Court judge late on Tuesday.

Mr Justice Hayden decided, at a hearing in the Family Division of the High Court in Manchester, previously said that Alfie should not be allowed to leave Alder Hey Children's Hospital in Liverpool and travel to a hospital in Rome.

Mr Evans' lawyer, Paul Diamond, told the court an air ambulance was on standby at the 'request of the Pope'.

Both parents are being represented in court by separate legal teams.

A lawyer representing his mother today said Alfie was 'struggling'.

One appeal judge, Lady Justice King, told the court: 'There is an acceptance that Alfie is dying.'

The legal team for Mr Evans told the court: 'We do not challenge the medical report. It is another thing to say that your life is futile because your quality of life is not deemed sufficient.'

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.

Baby Alfie
© PA
The legal team for Alfie Evans’ mum Kate James told the Court of Appeal the 23-month-old was ‘struggling’.
Mr Diamond said there were 'tensions', but that there was no 'hostility" against the NHS.

Lord Justice McFarlane told 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.'

Lord Justice Coulson said: 'There are rather more than tensions.'

Alfie's parents
© PA
Dad Tom Evans and mum Kate James are being represented by separate lawyers in court.
Doctors stopped providing life-support treatment to Alfie late on Monday.

Mr Evans said his son had confounded specialists' expectations by continuing to breathe.

Alfie's parents have already lost two rounds of fights, in the High Court, Court of Appeal, Supreme Court and European Court of Human Rights.