Archie Battersbee's life support treatment to be withdrawn after parents lose Supreme Court bid
The Southend boy has been in a coma since April
Last updated 3rd Aug 2022
The parents of 12-year-old Archie Battersbee have lost a Supreme Court bid to block the withdrawal of his life-sustaining treatment.
This means life support for the Southend boy will be switched off.
Lord Hodge, the court's deputy president, considered the application for permission to appeal alongside Lords Kitchin and Stephens - the same panel of Supreme Court justices who rejected an appeal bid by Archie's parents last week.
Announcing the court's refusal to hear the appeal, the judges said: "As this panel stated in its note of determination last week, the justices have great sympathy with the plight of Archie's devoted parents who face a circumstance that is every parent's nightmare - the loss of a much-loved child."
The judges continued: "It has to be borne in mind that, sadly, the central issue between Archie's parents on the one hand and the NHS trust, which is supported by Archie's very experienced guardian, has not been about Archie's recovery but about the timing and manner of his death.
"As Sir Andrew MacFarlane recorded in his earlier judgment of July 25, there is no prospect of any meaningful recovery.
"Even if life-sustaining treatment were to be maintained, Archie would die in the course of the next few weeks through organ failure and then heart failure.
"The maintenance of the medical regime, as (Mr Justice Hayden) held in his very sympathetic judgment, 'serves only to protract his death'.
"That conclusion was one which the judge reached only 'with the most profound regret'."
Archie Battersbee's mother has said she and Archie's father are "extremely disappointed" with the Supreme Court's decision.
In a statement issued by the Christian Legal Centre, which is supporting the legal action by Archie's parents, Hollie Dance said: "No authorities, other than the UN CRPD, have shown any compassion or understanding to us as a family.
"We will fight until the end."
Archie Battersbee's family want the 12-year-old to be moved to a hospice if his life support is to be cut off, a friend has said.
Speaking to the PA news agency, Ella Carter said the "seven or eight" security guards around his room made for a chaotic environment.
"If this is Archie's last couple of days it needs to be peaceful and it needs to be a calm atmosphere, and it's the complete opposite really," she said.
"We would really like it to be in a hospice - I mean that's exactly what they're designed for, they're so well-equipped to deal with situations like this.
"If the trust can work with us and co-operate with us in working towards getting him in a hospice we would be forever grateful for that."
What's happened?
The 12-year-old's parents, Hollie Dance and Paul Battersbee, were granted a hearing on Monday after the Government asked judges to urgently consider a request from a UN committee to keep treating Archie.
But after considering the case, Court of Appeal judges refused to postpone the withdrawal of life-sustaining treatment beyond midday today.
They also refused to grant permission to appeal against their ruling at the Supreme Court, the UK's highest court.
Archie's parents had today made an application for Supreme Court justices to block the withdrawal of his life-sustaining treatment pending a review of his case by a UN committee but it was also denied.
Archie's care was initially due to end at 2pm at the Royal London Hospital in Whitechapel on Monday.
It came after a High Court judge previously ruled this to be in his best interests and the family exhausted all routes of appeal.
But this was delayed due to the UN committee issuing a request to the UK Government on Friday urging it to "refrain" from taking him off life support while his case is under consideration by the committee.
However, Judge Sir Andrew McFarlane said on Monday that the Convention on the Rights of Persons with Disabilities, under which the UN committee made its request, is an "unincorporated international treaty".
Sir Andrew 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."
Ms Dance said after the ruling that they "continue to be shocked and traumatised by the brutality of the UK courts and the hospital trust" and vowed to "continue to fight for Archie".
Alistair Chesser, chief medical officer for Barts Health NHS Trust, said: "Our heartfelt sympathies and condolences remain with Archie's family at this difficult time."
Archie was found unconscious at his home by his mother on April 7 and has not regained consciousness since.
Yesterday a member of the House of Lords, Baroness Finlay, called for an inquiry into how sensitive cases, such as Archie's, are handled, suggesting independent mediation should be introduced.