The parents of Ashya King will face no further action from prosecutors over their attempt to take their five-year-old son abroad seeking alternative treatment for his brain tumour.
Brett and Naghmeh King have been in custody in Spain for two nights without being allowed to see Ashya after being arrested using a controversial European arrest warrant.
The warrant is in the process of being dropped and the Crown Prosecution Service (CPS) is attempting to contact Spanish authorities to allow the parents to be reunited with their son.
In a statement, it said: “The CPS is currently taking steps to withdraw the European arrest warrants in relation to Brett and Naghemeh King.
“No further action will be taken against Mr and Mrs King and we are now in the process of communicating this decision to the Spanish authorities so that they can be reunited with their son as soon as possible.”
In pictures: Ashya King's case
In pictures: Ashya King's case
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Brett King, back left, and Naghemeh King, right, accompany their son Ashya King (5) center, as he arrives for pre-cancer treatment examinations at the Motol hospital in Prague, Czech Republic
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Ashya King (5) arrives for pre-cancer treatment examinations at the Motol hospital in Prague, Czech Republic
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Brett King, father of five year old Ashya King, talks to members of the press after holding a press conference at his lawyer's office in Seville, Spain
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Brett and Naghemeh King, parents of Ashya King, attend a press conference in Sevilla, Spain. The British parents are heading to see him at a hospital in southern Spain following release their from custody after United Kingdom authorities dropped accusations of child cruelty against them
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British couple Brett (L) and Naghemeh (2L) King leave Soto del Real Prision in Soto del Real, near Madrid, Spain
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Brett King leaving Soto del Real prison near Madrid, Spain after British authorities dropped the case against him and his wife for taking their son Ashya from Southampton General Hospital without the consent of doctors
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Naghemeh King leaves Soto del Real Prision in Soto del Real, near Madrid, Spain
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Ashya King in hospital with his mother
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Journalist work outside the Materno Infantil Hospital where Ashya King is hospitalized in Malaga, Spain
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Ethan Dallas and Sanjay Ganatra, friends of the family, deliver a petition of over 100,000 names calling for his parents' release from a Spanish jail
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Spanish judge Ismael Moreno arrives to the National Courts to take statement to the parents of Britain's five-year-old boy Ashya King, in Madrid, Spain
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Ashya King parents's lawyer, Juan Isidro Fernandez Diaz, arrives at the National court in Madrid
AP Photo/Andres Kudacki
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Spanish policemen stand guard as a police van carrying the parents of Ashya King arrives at the courthouse in Madrid
JAVIER SORIANO/AFP/Getty Images
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Ashya King’s parents after their court appearance
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Ashya King's father explained why he took his son to Spain in a video uploaded to YouTube
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This photo of Ashya King being examined by doctors in hospital was posted on Facebook by his brother, Naveed
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Ashya King and his brother Naveed
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Ashya King on a hospital bed
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A CCTV still issued by Hampshire Police of Ashya King with his father Brett King at around 4pm yesterday
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The exterior of Southampton General Hospital where Ashya King, who has a brain tumour was taken by his parents from the hospital without the blessing of doctors
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Hampshire Constabulary said there are 'serious concerns' for the life of Ashya King as he needs constant medical care. Officers said his parents - Brett, 51, and Naghemeh, 45, - boarded a cross-Channel ferry from Portsmouth to Cherbourg at 4pm yesterday with Ashya's six siblings
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Ashya King, who has a brain tumour and was taken by his parents from hospital without the blessing of doctors
David Cameron, who had earlier said the boy's plight reminded him of his late son Ivan, who suffered cerebral palsy and epilepsy, welcomed the news.
“It's important this little boy gets treatment and the love of his family," the Prime Minister said.
In a letter to the Crown Prosecution Service (CPS), the government, Portsmouth City Council and Southampton General Hospital, Hampshire Constabulary's Chief Constable, Andy Marsh, 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."
His comments followed calls from MPs and friends of the family not to criminalise the parents for doing what they believed to be in their son's best interest.
A judge had previously awarded a European arrest warrant for the pair on the basis of the medical advice and concerns at the time but police said the situation was different in light of new information.
Earlier today, Ethan Dallas, 16, a friend of Ashya's brother, delivered a petition to Downing Street to reunite Aysha with his parents.
He appealed to the Prime Minister to personally request that Mr and Mrs King were immediately released from custody in Spain so they can get the best treatment for their son.
More than 167,000 people have so far signed his online petition, which says the couple “only want the best for him”.
They took the boy from hospital in Southampton, where he was being treated for a brain tumour, and fled to Spain in the hope of getting proton beam therapy abroad.
But his disappearance on Thursday sparked an international manhunt as doctors and police voiced concerns for Ashya’s welfare.
Nick Clegg was one of many politicians backing the calls, saying he does not believe it is appropriate to “throw the full force of the law” at them and that the arrests had cut of Ashya from his family.
The Deputy Prime Minister told BBC Breakfast: “My heart goes out - and I'm sure every mum or dad will have the same response, which is, as far as I can make out, this is a family in a state of real anguish who have taken this exceptional step of moving their sick child to another country because they think that's what is best for their child.
“We can debate whether it is or is not but that seems to be their motive and those are not motives I can argue with.
“That's why I personally think that throwing the full force of the law at Mr and Mrs King, who appear to be doing what they believe to be best for their own family, I don't think is an appropriate thing to do. But that, at the end of the day, is for the police and the CPS and others to decide."
Andy Burnham, the shadow Health Secretary, tweeted: "Enough is enough. Ashya King should be reunited with his parents today. Basic humanity demands it."
A Spanish court is considering whether to grant a request to extradite the parents to Britain, where they could be charged with child cruelty.
Mr and Mrs King were arrested on Saturday night and told the judge in Madrid they do not want to return to the UK.
They are considering legal action against Southampton General Hospital, their lawyer said, claiming they were told by doctors there was no problem with them taking Ashya out of the UK for treatment.
Their son, who is suffering from a stage four brain tumour, is being cared for at the Materno-Infantil hospital in Malaga.
Ashya's brother, Naveed, told Channel 4 News the family were not being allowed to see Ashya, who is being guarded by police in hospital.
“We have tried to call the hospital but they are not revealing any information at all to us,” he added.
"My mum was by his (Ashya's) side for the whole month that he was in hospital so for him to now suddenly not be with anyone of the family ... his health might actually deteriorate because he can't be entertained and be happy."
The family took him from Southampton General Hospital on Thursday and travelled to France with him and his six siblings before heading to the Costa del Sol in southern Spain.
Ashya's grandmother, Patricia King, called their arrest “a huge injustice”.
She added: “They are still not allowed to see Ashya, which is shocking. It's the worst thing of all. If this carries on, it could kill him.”
Enough is enough. Ashya King should be reunited with his parents TODAY. Basic humanity demands it. RT if you agree.— Andy Burnham (@andyburnhammp) September 2, 2014
The couple intended to sell a holiday home to pay for proton beam therapy, which is only given for eye cancer in the UK, in the Czech Republic.
The Proton Therapy Centre in Prague confirmed it was able to treat Ashya immediately if he was eligible for therapy, with the cost of the treatment to be sorted out later, and is assessing his MRI scans.
Dr Michael Marsh, medical director at University Hospital Southampton NHS Foundation Trust, said he regretted the relationship with the Kings had broken down.
He added: “We have discussed proton beam radiotherapy with Ashya's family and there are some tumours that respond well to this type of treatment, but there are some cases where there isn't the evidence that this is a beneficial treatment.
“Where the evidence supports this treatment, we have made a referral and patients have been treated abroad.”
A spokesperson for Southampton General Hospital said the boy has a 70 to 80 per cent chance of survival with the treatment it offers and the parents were putting Ashya at risk.
“I'm not coming back to England if I cannot give him the treatment I want, which is proper treatment,” Mr King, 51, said in a video posted before his arrest. “I just want positive results for my son.”
The couple are Jehovah's Witnesses but there has been no indication their decision to take Ashya from hospital was made for religious reasons.
The case has prompted international discussion over the power hospitals should have over a child’s treatment if the parents object and David Cameron’s spokesperson said people up and down the country were “moved”.
“First and foremost, the priority must be that he receives the very best and most appropriate medical care,” he said.
"Of course, I am sure that every parent wants to do the best for their child. That is probably the most human of human instincts."
Additional reporting by agenciesReuse content