Judge rules doctors can stop treating brain-damaged Southend boy
A judge has made their ruling on the case of Archie Battersbee
Last updated 15th Jul 2022
A Judge has ruled doctors can stop treating a brain-damaged 12 year-old boy from Southend.
A High Court has said life-support treatment can stop lawfully.
Archie Battersbee, who's 12 and from Southend, has been unconscious since an incident at home back in April.
Who had the decision and what did they say?
Mr Justice Hayden, who reviewed evidence at a hearing in the Family Division of the High Court earlier this week, on Friday concluded that ending treatment was in Archie's best interests.
He described what had happened to Archie as a "tragedy of immeasurable dimensions".
Mr Justice Hayden said medical evidence was "compelling and unanimous", and painted a "bleak" picture.
The judge said evidence showed that Archie had suffered a "significant injury" to "multiple areas" of his brain and had not "regained awareness at any time".
"Archie's mother described him as a fighter and I have no doubt he was," said Mr Justice Hayden.
"But the fight, if it can properly be characterised as such, is no longer in Archie's control.
"The damage to his brain has deprived him of any bodily autonomy.
"Eventually Archie's organs will fail and ultimately his heart will stop."
Mr Justice Hayden said the reality of Archie's case was "terrible".
He said: "The medical evidence finds that for Archie improvement is not possible.
"There is unfortunately no treatment possible to reverse the damage that has been caused to Archie's brain.
"There can be no hope at all of recovery."
The judge said he had reached his conclusions with "profound regret".
What did the medical experts say?
Doctors treating him told a court how he was 'brain-stem dead' and that treatment should stop.
Lawyers representing the Royal London Hospital's governing trust, Barts Health NHS Trust, asked for decisions about what moves are in Archie's best interests.
What did Archie's parents say?
Hollie Dance and Paul Battersbee, argued he hadn't been given enough time to show signs of recovery, adding that he should be allowed to die naturally.
Archie's father, who also lives in Southend but is separated from Ms Dance, told Mr Justice Hayden that Archie would "not want to leave" his mother.
"I think he should be left for a bit longer," he said.
"I am not looking at it through rose-tinted glasses, but it has only been 12 or 13 weeks and doctors have got it wrong before."
He added: "The most important thing for me is to know he has gone in God's way."
Another High Court judge had earlier concluded that Archie was dead, but Court of Appeal judges upheld a challenge, made by Archie's parents, to decisions taken by Mrs Justice Arbuthnot and said evidence should be reviewed.
What happens now?
Archie's family are now looking to appeal the decision to give the boy from Southend more time.
Archie would want us to keep on fighting," she said.
"And we will keep on fighting. We will appeal."
Mr Battersbee said: "There have been too many battles in too short a space of time.
"He needs more time. We'll try to appeal. Who knows?"
Miss Dance said Mr Justice Hayden's ruling was a "crushing blow".
"With all due respect to Mr Justice Hayden, it is not in Archie's best interests to die," she added, outside court.
"The planned removal of the ventilator is definitely the worst thing that may happen from my point of view. I cannot see how this is in any way dignified.
"We disagree with the idea of dignity in death. Enforcing it on us and hastening his death for that purpose is profoundly cruel.
"It is for God to decide what should happen to Archie, including if, when and how he should die.
"As long as Archie is fighting for his life, I cannot betray him.
"Until Archie gives up, I won't give up.
"I am living every parent's worst nightmare.
She added: "There must be change in the NHS and in the court system before another family has to go through what we have.
"We will be appealing this ruling and we ask for your prayers and support."
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