The parents of the Archie Battersbee have lost an appeal against a decision to allow life support treatment to end.
Appeal judges have supported a High Court ruling to end the 12-year-old boy’s life support. The appeal found ending the life support was in the child’s best interests.
However, a 48-hour delay to ending treatment has been ordered so the family can appeal to the European Court of Human Rights.
Archie’s mother Hollie Dance, said:
“As long as Archie is alive, I will never give up on him; he is too good to give up on.
We should not have to endlessly battle the hospital in the courts for what we believe is right for Archie.
Top judges have told us, however, that this is the law. If this is so, the law must change.”
She went on to state that the family was considering bringing the case to the European court. Ms Dance believes she has “video evidence” that indicates Archie had twice tried breathing for himself last Friday and Saturday. The family’s legal team indicated they would make a separate application to Mr Justice Hayden, who made the latest High Court judgement, on that point.
However, the court found there was no evidence that Archie has not regained consciousness since he was found by his mother on 7th April. It is believed the brain injuries were caused by partaking in an online challenge.
The Royal London Hospital believe the child is brain dead, and so Barts Health NHS Trust, which runs the hospital in Whitechapel in east London, took the case to the courts to get a ruling on what was in the best interests of Archie.
Sir Andrew McFarlane, Lady Justice King and Lord Justice Peter Jackson have now refused to overturn the last High Court judgement by Mr Justice Hayden. Sir Andrew said medical staff had seen “no signs of life” in Archie and his “every bodily function is now maintained by artificial means”. He went on to claim medical evidence was “compelling and unanimous” and painted a “bleak” picture.
Archie’s parents argued errors were made in the case, and were appealing for a third hearing at the High Court with a different judge. The legal team for Archie’s parents, led by Barrister Edward Devereux QC, expressed to appeal judges that Mr Justice Hayden had not given “real or proper weight” to Archie’s previously religious beliefs and that he had been wrong to conclude that treatment was futile.
However, the Court of Appeal dismissed the appeal for keeping Archie Battersbee on life support.
