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Daily Mirror
Daily Mirror
National
Kieren Williams

Archie Battersbee's family have until 9am today for legal bid to move him to hospice

The family of Archie Battersbee have until 9am today to launch a legal bid to move him to a hospice or his life support will be switched off by 11am.

Yesterday afternoon their latest legal bid, an appeal to the European Court of Human Rights, was rejected.

Hollie Dance and Paul Battersbee want machines sustaining Archie's life to be kept on however doctors believe he has no chance of recovery and it's in his best interest to turn them off.

The European Court of Human Rights (ECHR) said it “will not interfere” with the decisions made in the UK courts prior as the family continued their fight.

Now Barts Health NHS Trust has said that the treatment will end at 11am today unless the family apply to the High Court by 9am to move him to a hospice.

The 12-year-old has been in a coma since April and is being kept alive by a number of medical interventions (PA)

Doctors in the UK say Archie, 12, is brain-stem dead but mum Hollie wants him to remain on life support and possibly get flown abroad for treatment.

Archie has been in a coma since he was found unconscious in April with a catastrophic brain injury.

In a statement released yesterday on the ongoing case, the Trust said: "Our deepest sympathies remain with Archie's family and we aim to provide the best possible support to everyone at this difficult time.

“As directed by the courts, we will work with the family to prepare for the withdrawal of treatment, but we will make no changes to Archie's care until the outstanding legal issues are resolved.”

They added: “We understand the motivation behind the family’s request for Archie to be moved to a hospice.

Hollie Dance speaking to media outside the Royal London hospital, (PA)

“However, Archie is in such an unstable condition that there is considerable risk attached even to turning him within the confines of the hospital bed, as must be done as part of his continuing care.

“This means that in his condition, transfer by ambulance to a completely different setting would most likely hasten the premature deterioration the family wish to avoid, even with full intensive care equipment and staff on the journey. We have explained this to his family.

“In addition, the High Court order of 15 July – which has now been upheld on appeal – requires that Archie should remain at The Royal London Hospital while his treatment is withdrawn.

“Our intensive care doctors and nurses will continue to care for Archie while there are outstanding legal issues to be resolved.”

Earlier this evening a last minute appeal to a top European court failed for the family (PA)

A spokeswoman for Archie Battersbee's family told PA: "We think it is completely barbaric and absolutely disgusting that we're not even allowed to choose where Archie takes his last moments.

"Hospices are well and truly designed for palliative and respite care. Archie is now obviously on palliative care so there is no reason whatsoever for him not to take his last moments at a hospice. The hospice has said that they will take him."

If an application is made then treatment will continue whilst the appeal is heard and the family previously made it clear they wanted him moved to a hospice.

Earlier tonight, Archie's mother Hollie said: "We've now got to fight to see if we can get him out of here to have a dignified passing at a hospice.

"It's just unfair. The fact is as a parent we've got no rights for our children, it's disgusting."

The child has been in a coma since he was found at his home in Southend back in April.

He is being kept alive by a combination of medical interventions including ventilation and drug treatments.

Archie Battersbee's brother Tom Summers kissing Archie on the head in hospital (PA)

Doctors treating Archie say that continued life-support treatment is not in his best interests. Thus far every attempt through the courts by Archie's mum has been rejected.

Responding to the latest legal failure on Wednesday evening, Ms Dance said: “This is another heartbreaking development in our fight for Archie’s right to live. We have been contacted by doctors in Japan and Italy who say they are willing to treat Archie, why can’t we give him a chance?

“In a worst-case scenario, we want to take Archie to a hospice, but the hospital have said that we cannot do that despite previous promises. We have been told all along that this is all about Archie dying with ‘dignity’, and yet we are told we cannot take him to a hospice where it is quiet and we can spend time with him as a family without the chaos at the hospital."

Archie's parents, who are separated, lost their Supreme Court bid to keep his life support on earlier this week but have promised to pursue every legal avenue.

The bid to appeal made by Archie's parents was refused by a panel of three Supreme Court judges, who concluded the Court of Appeal "made the correct decision".

The panel said they have "great sympathy" with Archie's "devoted parents", but that there was "no prospect of any meaningful recovery (by Archie)".

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