Judge rules Essex boy Archie Battersbee should have life support withdrawn
The 12 year-old Southend boy has been unconscious since April
Last updated 13th Jun 2022
A High Court judge has ruled that 12 year-old Archie Battersbee's life-support treatment should be withdrawn.
In a written ruling, the judge said: "I find that Archie died at noon on May 31 2022, which was shortly after the MRI scans taken that day"
"I find that irreversible cessation of brain stem function has been conclusively established.
"I give permission to the medical professionals at the Royal London Hospital to cease to ventilate mechanically Archie Battersbee."
The judge continued: “If Archie remains on mechanical ventilation, the likely outcome for him is sudden death and the prospects of recovery are nil.
“He has no pleasure in life and his brain damage is irrecoverable.
“His position is not going to improve.
“The downside of such a hurried death is the inability of his loving and beloved family to say goodbye.”
The judge said that, had she not concluded Archie is dead, she would have ruled that it was not in his best interests to continue to receive life-support treatment.
The Southend boy has been unconscious since an incident at home back in April.
Doctors treating him at the Royal London Hospital went to court calling for his treatment to end, with experts saying it was very likely that Archie was 'brain-stem dead'.
His parents, Hollie Dance and Paul Battersbee, wanted Archie to be given more time. In a statement outside the hospital, mum Hollie pledged to appeal the decision.
"I am devastated and extremely disappointed by the judge's ruling after weeks of fighting a legal battle when I wanted to be at my little boy's bedside," said Ms Dance, in a statement, after the ruling.
"This case raises the significant moral, legal and medical questions as to when a person is dead.
"What does this ruling today tell us about where our society is at?
"We intend to appeal and will not give up on Archie."
Ms Dance added: "Basing this judgment on an MRI test and that he is 'likely' to be dead, is not good enough.
"This is believed to be the first time that someone has been declared 'likely' to be dead based on an MRI test.
"The medical expert opinion presented in court was clear in that the whole concept of 'brain death' is now discredited, and in any event, Archie cannot be reliably diagnosed as brain-dead."
They told a court that a natural death would be easier to come to terms with and felt he hadn't been given enough time to show signs of recovery.