Court of Appeal DENIES Archie Battersbee’s family permission to take fight for his life to the UN after ruling that brain-damaged 12-year-old’s life support should be switched off
- 12-year-old Archie Battersbee is at the centre of life-support treatment fight
- Court of Appeal upheld High Court decision to withdraw life support treatment
- Boy from Southend was left in a comatose state after suffering brain damage
The Court of Appeal has denied the family of 12-year-old boy Archie Battersbee permission to take their life-support treatment fight to the United Nations.
The court had on Monday upheld a High Court decision to withdraw life support treatment for the boy who was left in a comatose state after suffering brain damage.
His parents – who are separated but both live in Southend-on-Sea, Essex – are also now expected to ask judges at the European Court of Human Rights to intervene.
Archie’s mother and father, Hollie Dance and Paul Battersbee, had mounted an appeal bid and said Mr Justice Hayden had made errors after the High Court hearing.
Archie Battersbee and his father Paul Battersbee, who are from Southend-on-Sea in Essex
Paul Battersbee and Hollie Dance outside the Royal Courts of Justice in London last Friday
But appeal judges Sir Andrew McFarlane, Lady Justice King and Lord Justice Peter Jackson upheld the ruling that doctors could lawfully stop providing life support.
Ms Dance found Archie unconscious with a ligature over his head on April 7 and believes that he might have been taking part in an online challenge.
Doctors treating Archie at the Royal London Hospital in Whitechapel think he is brain-stem dead and say continued life-support treatment is not in his best interests.
Bosses at the hospital’s governing trust, Barts Health NHS Trust, had asked for decisions on what medical moves were in Archie’s best interests.
Archie was found with a ligature over his head in April and has not regained consciousness
Archie with his mother Hollie Dance (left), brother Tom Summers and sister Lauren Summers
Another High Court judge, Mrs Justice Arbuthnot, initially considered the case and concluded that Archie – who has never regained consciousness – was dead.
But Court of Appeal judges upheld a challenge by his parents against decisions taken by that judge and said the evidence should be reviewed by Mr Justice Hayden.
Mr Battersbee, who is in his 50s, was feared to have suffered a heart attack or stroke outside a courtroom at the Royal Courts of Justice in London on Monday.
But a spokesman for campaign group the Christian Legal Centre, which is supporting the family, said today that Mr Battersbee had now left hospital.