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The parents of a five-year-old boy with a brain tumour, who fled to Spain with him, are due to appear in court on Monday as police rejected criticism they had been heavy-handed in the complex and sensitive case. Ashya King was found in Málaga and his parents were arrested following a Europe-wide hunt after claims that his life was in grave danger if he did not receive urgent medical treatment.
Brett King, 51, and his wife, Naghemeh, 45, may face an extradition hearing at the central criminal court in Madrid after being detained under a European arrest warrant on suspicion of neglect for taking their son out of Southampton general hospital without doctors' consent.
A ruling on whether they are to be transferred to a Madrid court for an extradition hearing is expected on Monday, the Press Association reported.
A spokesman for Málaga's Hospital Materno-Infantil, where Ashya is now being treated, said he was stable and his life was not in danger.
The Kings, from Southsea, who are Jehovah's Witnesses, left Britain with Ashya and his six siblings on the Portsmouth-Cherbourg ferry on Thursday, and were arrested at 10pm on Saturday after staff where they were staying in Vélez-Málaga recognised them following an extensive Facebook and Twitter appeal.
Footage showed the Kings being taken to and from the court in Vélez-Malaga to a police car. Both appeared to be handcuffed as officers pushed them into the police vehicle. A ruling on whether they are to be transferred to a Madrid court for an extradition hearing is expected , according to reports.
In a YouTube video, posted before his arrest, Ashya's father denounced the police hunt as ridiculous, saying the family had been called kidnappers and been accused of neglect.
He said they had been hoping to seek treatment not available on the NHS for Ashya in the Czech Republic, and were worried doctors in Southampton would apply for an emergency protection order separating them from the boy.
Cradling his son in his arms, Brett King explained on the video that they wanted him to receive proton beam radiotherapy – a treatment that targets tumours directly – because they did not want him to be "pelted with radiation".
Ashya's eldest brother, Danny, on Sunday defended his parents, saying they were not kidnappers. "They just want the best for our brother Ashya with an alternative type of treatment to the one he was receiving at the hospital in England," he said. "My parents are ready to sell their house if they have to so they've got enough money to save Ashya's life."
In a video posted on YouTube, Ashya's other brother Naveed showed boxes of medical equipment that the family had bought to make sure Ashya was safe during the journey to Spain. He said: "He was happy, he wasn't in any danger. He was not neglected at all."
The case has sparked debate over Hampshire police's handling of the appeal. As officers arrived in Spain to question the couple, assistant chief constable Chris Shead insisted the force had acted appropriately. "I am aware that there has been a significant amount of debate going on around the appropriateness of police action in this case," he said.
Medical experts had said the battery in Ashya's feeding unit was due to run down and he was in grave danger, Shead said.
"Faced with those circumstances, I make no apology for the police being as proactive as they possibly could to find Ashya and ensure that he gets the help he needed.
"I would much sooner be standing here facing criticism for being proactive than to stand here and face criticism for doing nothing and eventually having to explain why a child has lost his life."
It is not known what charges, if any, the couple could face. Parents can remove their children from hospital unless they are prevented from doing so by a court order granted to protect a child from the risk of serious harm.
Ashya's paternal grandmother, Patricia King, who also lives in Southsea, told the BBC she thought the five-year-old would be better off staying in Spain. She said she was "very, very angry" at the way the investigation had been handled, saying: "It has been taken too far – much too far," with Ashya now separated from his parents following their arrest.
The couple had travelled to Spain, where they own a house, in order to raise money for Ashya's treatment elsewhere.
Ashya's six siblings, who vary in age, the eldest being adults, are understood to have remained in Vélez-Málaga.
Responding to the video, University Hospital Southampton NHS Foundation Trust said on Sunday that it had offered the family access to a second opinion on his treatment, and offered help with organising treatment abroad. "We understand how distressing this situation is for everyone involved, particularly Ashya's family. We will continue to do what we can to support them and assist the police in providing any information they require," it said.
NHS England said: "We all want what is best for Ashya, and it is for the cancer doctors and oncologists involved to advise on what is the best treatment for each child.
"Where doctors recommend it, the NHS does fund proton beam therapy, including supporting 99 children last year to travel abroad for treatment."
In the video, Ashya's father said the family had requested proton beam treatment and were prepared to raise the money to pay for it. But his son's treatment seemed like trial and error and he was told if he questioned the treatment the hospital would seek an emergency protection order, he said.
The search for the family began in France, then switched to the Costa del Sol, where the couple have family and business connections. Police already had a flat owned by the family near Estepona under surveillance and were tracing their phone calls in an effort to track them down.
It was when Danny King, 22, one of the couple's older children, checked in to a hostel at La Esperanza de Benajarafe at 7.15pm on Saturday that the receptionist raised the alarm.
The parents were detained under a European detention order for alleged cruelty to a person under the age of 16 and were taken to the Vélez-Málaga police station.
Medical treatment and the law
Parents are able to remove their children from hospital unless a court order prevents them. A hospital requires a court order to continue treatment if parents refuse or withdraw consent for medical treatment.
A court order is normally only sought after detailed discussion between parents and the hospital. An order would be granted if doctors feared that as a result of the parents actions the child would be at exposed to the risk of serious harm.
The Children and Family Court Advisory and Support Service (Cafcass), a non-departmental advisory body, is normally be involved to represent children. Once an order is granted, it is a contempt of court to breach it with parents facing a possible prison sentence.
If parents refuse treatment, the onus is on the hospital trust to prove the condition is imminently life threatening. Court orders include emergency protection order, an order for compulsory treatment or another specific issues order.
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