Court of Appeal refuses to postpone withdrawal of life support from 12-year-old Archie Battersbee
The Southend boy's suffered 'catastrophic' brain injuries
Last updated 1st Aug 2022
The Court of Appeal has refused to postpone the withdrawal of life-sustaining treatment from 12-year-old Archie Battersbee beyond 12pm on Tuesday.
A virtual hearing took place today over whether life-support should be withdrawn from 12 year-old Southend boy Archie Battersbee.
The hearing was granted after the Government asked it to “urgently consider” a request from the UN Committee on the Rights of Persons with Disabilities to continue his treatment so the committee could examine his case.
During today's hearing, lawyers representing the parents of Archie Battersbee told Court of Appeal judges that, unless the withdrawal of his life-sustaining treatment is postponed, the court will be "complicit" in a "flagrant breach of international law".
The youngster was due to have his life-support at the Royal London Hospital in east London ended at 2pm on Monday, after a High Court judge ruled this to be in his best interests and the family exhausted all routes of appeal.
However, a 'stay' on withdrawing Archie's treatment was extended by the Judge as soon as hearings began this morning - meaning the hospital could not end treatment until the court hearing ends.
What's happened?
Archie's parents, Hollie Dance and Paul Battersbee, made a last-ditch application to the United Nations (UN) Committee on the Rights of Persons with Disabilities last week after their court battle against Barts Health NHS Trust over his treatment ended.
The UN committee issued a request to the UK Government on Friday, asking that it "refrain from withdrawing life-preserving medical treatment, including mechanical ventilation and artificial nutrition and hydration" from Archie while his case is under consideration.
The Government's legal department then wrote an urgent letter on Sunday on behalf of Health Secretary Steve Barclay, asking the courts to urgently consider the committee's request.
As a result, today's hearing was organised.
Barts Health NHS Trust, which runs the hospital, had written to the family over the weekend to inform them they intended to end treatment on Monday afternoon.
Archie’s mother, Hollie Dance, said the family felt “relieved” that the Government had taken the UN’s intervention seriously.
“This was not a ‘request’ but an interim measures injunction from the UN,” she said.
“The anxiety of being told that Archie’s life-support will be removed tomorrow at 2pm has been horrific.
“We are already broken and the not knowing what was going to happen next is excruciating.”
Archie’s parents are being supported by campaign organisation the Christian Legal Centre.
Alistair Chesser, chief medical officer for Barts Health NHS Trust, said the plan to withdraw medical treatment will proceed unless the court directs otherwise on Monday.
He said: “Our deepest sympathies are with Archie’s family at this difficult time.
“We understand a court hearing will take place on Monday morning and we await the outcome.
“The plan to withdraw treatment will proceed unless the court directs otherwise.”
The trust previously said in a letter to Ms Dance and Paul Battersbee, who are separated but both live in Southend, Essex, that the withdrawal process will aim to “preserve Archie’s dignity”.
The trust said in the letter: “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.”
“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,” it added.
Ms Dance said this would amount to “extraordinary cruelty” and a “flagrant breach of Archie’s rights as a disabled person”.
She said: “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.”
Judges heard that Archie has been unconscious since an incident at home back in April.
Doctors believe Archie is brain-stem dead and say continued life-support treatment is not in his best interests.
A spokesman for the Department of Health and Social Care said: “We recognise this is an exceptionally difficult time for Archie Battersbee’s family and our thoughts are with them.
“The Government asked the High Court to urgently consider the request from the UN Committee on the Rights of Persons with Disabilities.”