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Archie Battersbee: Family appeals to Supreme Court over life-support withdrawal
What happened to Archie Battersbee?
BRITAIN’S top court has struck down a plea to keep young Archie Battersbee on life support after being deemed dead from a brain stem.
The 12-year-old was left comatose after a “freak accident” in April 2022, and will now have his life support turned off at midday on Tuesday, August 2, 2022.
What happened to Archie Battersbee?
Archie Battersbee was left in a coma after suffering a “freak accident” at home in Southend, Essex, on April 7, 2022.
His mum Hollie Dance said she found the 12-year-old with a ligature over his head, and thinks he might have been taking part in an online challenge.
After over a week at his bedside, Hollie told the Echo: “It’s a freak accident which resulted in a brain injury and I’m just reliving it constantly.
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“To be honest the doctors are saying negative stuff, he’s not responding, but we do hold hope.
“I feel he needs a bit of time.”
A GoFundMe page was set up by Archie’s sister-in-law Ella Carter to support the family with medical costs which has raised over £29,000.
How is Archie Battersbee doing?
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Archie is on life-support at the Royal London Hospital in Whitechapel, with his family by his bedside.
He has not regained consciousness since the accident.
On June 6, 2022, a specialist told a court scans showed parts of Archie’s brain were dead and decaying and said the “chance of recovery is very low”.
At an earlier hearing, one specialist told the judge he thought scans showed the youngster had suffered “irretrievable” damage to his brain.
Two other specialists said they thought tests showed he was “brain-stem dead”.
His parents Hollie Dance and Paul Battersbee say his heart is still beating and want treatment to continue.
Mum Hollie said that Archie had squeezed her hand and she would continue to fight for his life.
She told the Daily Mail: “I was told my son would not last the night when he arrived in hospital.
“Yet here he is ten weeks later.
“He’s a fighter, and is fighting the battle of his life – how can I not fight every bit as hard?
“All we have ever asked for is time. People are in comas for months but the hospital wanted to pronounce my son dead after just three days when he was still under sedation.
“Archie should be treated as a living patient until it can be proven that he’s not — and the MRI scan they have relied on is not proof.
“What I know is that a boy who can squeeze my hand is not brain dead. I defy any mother not to do the same if they were in my situation.”
Why is Archie Battersbee’s life-support being switched off?
Archie Battersbee, 12, has been at the centre of a High Court dispute after suffering brain damage in the accident.
Parents Hollie and Paul said they believed the schoolboy could eventually recover from his injuries.
But doctors said the boy is “brain-stem dead” and won’t ever get better.
Ms Justice Arbuthnot ruled on June 13, 2022, that he has no realistic chance of recovering.
The court heard Archie is “likely” to be dead based on an MRI scan – the first time a decision has been reached using those methods, Hollie claimed.
Archie has been granted a second chance after Court of Appeal judges ruled that a new judge should reconsider the case.
Edward Devereux, QC, who leads Archie’s parents’ legal team, said the decision had been made on the balance of probabilities.
He argued that switching off Archie’s life support should have been made on the basis of beyond a reasonable doubt.
Campaign organisation the Christian Legal Centre is supporting Archie’s family.
Its chief executive Andrea Williams said the initial ruling “sets a dark and troubling precedent”, and said the family will fight on: “Archie’s parents do not accept that he is dead and are fighting courageously for his life.
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“They will not give up now and intend to appeal. We will continue to stand with the family and continue to pray for a miracle.”
Dad Paul Battersbee and mum Hollie Dance hoped their 12-year-old’s treatment would continue after a UN committee requested a delay but a UK court threw out their last-minute appeal.
Archie Battersbee: If tomorrow’s our son’s last day then so be it, but we made a promise to him & we’ll fight to the end
THE parents of Archie Battersbee have vowed they will challenge a Court of Appeal ruling and “fight till the end” in a bid to stop their son’s life support being turned off.
Dad Paul Batterbee and Mum Hollie Dance were dealt the devastating final blow this afternoon as the court refused to overturn their decision.
Archie Battersbee suffered brain damage in a ‘freak accident’ and has been unresponsive ever since[/caption]
His mum Hollie Dance fought to keep his life support switched on[/caption]
Speaking outside The Royal London Hospital today, Ms Dance made a last ditch passionate plea to the powers that be.
She said: “We made a promise to Archie, we will fight to the end. And Archie’s still fighting.
“If tomorrow’s the last day then so be it, but we will be applying to the Supreme Court.”
Ms Dance added that cutting off the life support – scheduled to happen at noon on Tuesday – would not be fair to her son.
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She said: “I’ve got my son’s best interests at heart – Paul, and the siblings – nobody else has got Archie’s best interests at heart.
“And I say, and I still stand by it, Archie’s best interests would be to allow that child time to recover. If he doesn’t recover he doesn’t recover, but give him time to recover.”
The heartbroken parents hoped their 12-year-old’s treatment would continue after a UN committee requested a delay last week.
Postponing the end of Archie’s treatment would have given the UN time to determine whether letting him die was in breach of his rights as a disabled person.
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But his parents’ hopes were cruelly dashed this afternoon.
The family have instead been granted a short delay to 12pm tomorrow. His life support was previously set to be turned off at 2pm today.
Archie was found with a ligature over his head after a social media dare at home in Southend, Essex on April 7 this year.
The youngster suffered brain damage in the “freak accident” and has been unresponsive ever since.
A High Court judge had previously ruled that ending treatment is in Archie’s best interests, after reviewing evidence.
Ms Dance this morning said she was handed a letter laying out the “choreographed execution” of Archie at 2pm today.
“There was no meeting, sat down and broken to gently,” she said.
“We made a promise to Archie, we will fight to the end. And Archie’s still fighting”
Hollie Dance
Ms Dance said they were given the letter and “just left to deal with our own feelings”.
She added: “It’s just caused so much stress. This could have been totally prevented and handled totally different to how it’s been handled.
“We shouldn’t have been dragged through the courts.”
Ms Dance said the last couple of months have been “an emotional rollercoaster”.
Before the hearing on Monday, she said: “It’s just left me feeling very anxious all weekend.
“I’ve carried a lot of anxiety here in my chest. It just feels awful.”
In written submissions to the Court of Appeal today, Edward Devereux QC – acting for Ms Dance and Mr Battersbee – said the UN’s request to delay turning Archie’s life support off was “binding” under international law.
He argued that any failure to abide by the committee’s request, made in accordance with the UN Convention on the Rights of People with Disabilities, would amount to a “flagrant, egregious and unacceptable breach of international law”.
Mr Devereux asked the court to grant a stay to prevent the withdrawal of life-sustaining treatment until after the committee has had time to consider Archie’s case.
But, Fiona Paterson, representing Barts Health NHS Trust, said the UN committee’s request is not binding.
In their judgement, Sir Andrew McFarlane – Lady Justice King and Lord Justice Moylan – said: “My decision is that, save for granting a short stay until 12 noon tomorrow, the parents’ application for any further stay is dismissed.”
The judge said the Convention on the Rights of Persons with Disabilities – which the UN committee based its request on – is an “unincorporated international treaty”.
‘COMPLETELY UNACCEPTABLE’
He said: “It is not part of the law of the United Kingdom… and it is not appropriate for this court to apply an unincorporated international treaty into its decision-making process.”
He added: “Every day that (Archie) continues to be given life-sustaining treatment is contrary to his best interests and, so, a stay, even for a short time, is against his best interests.
“In short, his system, his organs and, ultimately, his heart are in the process of closing down.
“The options before the court have always been stark.”
Sir Andrew said the options before the courts were withdraw treatment immediately – resulting in Archie’s death a short while later – or let him die at some time in the coming weeks.
His parents said this would allow him to pass away at a time “chosen by God”.
Archie’s parents are being supported by campaign organisation, the Christian Legal Centre.
The court adjourned briefly to allow lawyers to talk to Archie’s parents about a possible bid to ask the Supreme Court for permission to appeal against the decision.
A letter to the family from Barts Health NHS Trust on Saturday said: “We understand that any discussions around the withdrawal of Archie’s treatment are very difficult and painful.
“However, we want to ensure that you and your family are involved as much as you wish to be.”
Archie’s family were told how the withdrawal process is to be performed, with the aim to “preserve Archie’s dignity”.
The letter went on: “You or any of the family may wish to lie on Archie’s bed with him or have him in your arms, if that should be practically possible.”
Writing to the Health Secretary on Saturday, Ms Dance said: “If this happens, this will be an extraordinary cruelty, and a flagrant breach of Archie’s rights as a disabled person.
“Archie is entitled to have the decisions about his life and death, taken by the NHS and UK courts, to be scrutinised by an international human rights body.
“Hastening his death to prevent that would be completely unacceptable.
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“I trust that you will now act immediately, as a member of the Government responsible for the NHS, to ensure that this does not happen, and our country honours its obligations under the international human rights treaties which we have signed and ratified.”
Doctors treating Archie think he is brain-stem dead and say continued life-support treatment is not in his best interests.
Archie’s dad Paul is seen giving him a kiss in hospital[/caption]
Archie Battersbee: Last-minute hearing to be held over treatment
Archie Battersbee: Brain-damaged 12-year-old’s life support to be turned off at 2PM tomorrow doctors tells parents
STRICKEN Archie Battersbee’s life support will be switched off at 2pm tomorrow despite his parent’s heroic legal fight.
Archie, 12, was found with a ligature over his head after a social media dare at home in Southend, Essex on April 7 this year.
Archie’s life support will be switched off at 2pm tomorrow[/caption]
The youngster suffered brain damage in the “freak accident” and hasn’t woken since.
His parents Hollie Dance and Paul Battersbee have been battling to keep his life support switched on while he remains in hospital.
They argued his treatment should continue unless his heart stops beating.
But medics have said in a letter to his parents his treatment will end at 2pm tomorrow.
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Barts Health NHS Trust, which is caring for Archie, added: “We understand that any discussions around the withdrawal of Archie’s treatment are very difficult and painful.
“However, we want to ensure that you and your family are involved as much as you wish to be.”
Doctors will explain how life support withdrawal works with the aim to “preserve Archie’s dignity”.
The letter adds: “You or any of the family may wish to lie on Archie’s bed with him or have him in your arms, if that should be practically possible.”
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A High Court judge previously ruled doctors can lawfully stop the “futile” treatment as it is in Archie’s “best interests”.
In his ruling, Mr Justice Hayden said the treatment “compromises his dignity” and “deprives him of his autonomy”.
The judge added: “It serves only to protract his death, whilst being unable to prolong his life.”
Hollie and Paul have failed to persuade Court of Appeal judges to overturn the ruling and the Supreme Court will not intervene.
The United Nations issued an injunction on Friday to block doctors from turning off Archie’s life support.
The parents had begged the committee to intervene – but the UN made clear the request “does not imply that any decision has been reached on the substance of the matter under consideration”.
MUM’S BATTLE
Hollie also wrote to Health Secretary Stephen Barclay yesterday for help.
She said: “If this happens, this will be an extraordinary cruelty, and a flagrant breach of Archie’s rights as a disabled person.
“Archie is entitled to have the decisions about his life and death, taken by the NHS and UK courts, to be scrutinised by an international human rights body. Hastening his death to prevent that would be completely unacceptable.
“I trust that you will now act immediately, as a member of the Government responsible for the NHS, to ensure that this does not happen, and our country honours its obligations under the international human rights treaties which we have signed and ratified.”
Mum Hollie claims Archie has squeezed her hand from his bed at the Royal London Hospital.
Earlier this week, she released a video of Archie which she says proves he could breathe without his respirator.
She begged medics to give the schoolboy a chance to recover and says she knows with her “mother’s instinct” that he is still alive.
Hollie added: “His heart is still beating, he has gripped my hand, and as his mother and by my mother’s instinct, I know my son is still there.”
But the court heard previously how the teen has shown no “discernible” brain activity with medics believing he is “brain-stem dead”.
Archie was rushed to hospital after being discovered by Hollie in his bedroom at the family home.
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She believes he was participating in an online “blackout challenge” when he accidentally starved his brain of oxygen.
The cause of the horror is still under investigation but Hollie says her son was not trying to take his own life.
His mum Hollie Dance is fighting to keep his life support switched on[/caption]
It is believed he was taking part in an online challenge[/caption]
She has vowed to continue her fight[/caption]