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Daily Mirror
Daily Mirror
National
Alahna Kindred

Archie Battersbee's life support can be turned off despite dad's illness, judges rule

Doctors can lawfully turn off Archie Battersbee 's life support, despite the father being rushed to hospital, appeal judges have ruled.

Today's ruling found that medical staff had seen "no signs of life" in the 12-year-old schoolboy.

His parents, who are separated, have fought a legal battle to keep Archie’s ventilator turned on.

A lawyer representing Archie's parenting tried to get the ruling postponed following revelations that Hollie Dance, 46, believes her son had tried to breathe independently and that Paul Battersbee, 56, had been rushed to hospital.

The judges refused to delay today's decision.

Sir Andrew McFarlane, the president of the Family Division of the High Court and the most senior family court judge in England and Wales, said in a detailed ruling that medical staff had seen "no signs of life" in Archie.

Archie Battersbee suffered brain damage (PA)

He said the case had received widespread media coverage - including a photograph of Archie.

Sir Andrew said: "Archie is no longer the boy in the photograph. He is someone whose every bodily function is now maintained by artificial means."

Appeal judges also said they would temporarily pause today's ruling for 48 hours, to give the family time to approach the European Court of Human Rights to consider the case.

Archie Battersbee was found unconscious at home in April (Hollie Dance / SWNS)

Doctors have argued it is futile to carry on treating the 12-year-old after he suffered a catastrophic brain injury when a social media dare apparently went wrong.

Ms Dance has seen indications that Archie has twice tried to breathe independently in the last few days, a lawyer told a Court of Appeal hearing today.

Archie's parents are being supported by a campaign organisation called the Christian Legal Centre.

Archie Battersbee with his mother Hollie Dance (PA)
Archie Battersbee's father, Paul Battersbee, leaves the Royal Courts Of Justice in London on July 21 (PA)

Andrea Williams, the chief executive, said outside court: "I am very disappointed that they have not adjourned this decision given that Mr Battersbee has been taken to hospital.

"I've been in touch with Archie's mother - she is disgusted."

Hollie said after today's ruling: “All we have asked for from the beginning is for Archie to be given more time and for Archie's wishes and ours to be respected.

"As long as Archie is alive, I will never give up on him, he is too good to give up on."

Archie is said to have once said he would not want the life support machine switched off (Hollie Dance / SWNS)
Archie's parents want his life support to continue in case he miraculously recovers (Hollie Dance / SWNS)

She added: “I don’t believe there is anything ‘dignified’ about planning Archie’s death. For me, this would be the most traumatic outcome.

“Parents need support not pressure. It is exhausting what we have been through. We should not have to endlessly battle the hospital in the courts for what we believe is right for Archie.

“Top judges have told us, however, that this is the law, if this so, the law must change.

“For five years Charlie Gard’s family have been trying to get a change in the law We as a family support ‘Charlie’s Law’ and call on MPs to engage with the bill which if passed will mean parents would not have to endure court hearings over the hospital care of their children.

“I also want to continue to raise awareness about these deadly online challenges. You can be protecting your child 24/7, but the nature of these challenges mean that your child can come to harm within minutes.

Paul Battersbee and Hollie Dance, the parents of Archie Battersbee (PA)

"I urge parents to have the conversation with your children, now, before it is too late.

"Archie is making medical progression which we have not been allowed to address in court, but we are determined to present it as evidence as take this legal challenge forward.“We will continue fighting for Archie and will not give up.”

Prior to today's hearing, Archie's father had been taken to hospital following fears he may have suffered a heart attack or a stroke, a lawyer told the judges.

On Friday, three Court of Appeal judges finished hearing arguments about what is in Archie's best interests.

Today, Sir Andrew McFarlane, the president of the Family Division of the High Court and the most senior family court judge in England and Wales, Lady Justice King and Lord Justice Peter Jackson delivered their ruling.

This was another appeal bid from Archie's parents, of Southend, Essex, after a High Court judge ruled that doctors could lawfully stop treatment.

Mr Justice Hayden delivered a ruling recently after reviewing evidence at a hearing in the Family Division of the High Court in London.

He described what had happened to Archie as a "tragedy of immeasurable dimensions", but said medical evidence was "compelling and unanimous" and painted a "bleak" picture.

Hollie Dance, arrives at the Royal Courts of Justice on July 25 (PA)

Archie's parents said he made errors and want appeal judges to remit the case to another High Court judge for another hearing.

Judges have heard how medical evidence shows that Archie is in a "comatose state".

Barrister Edward Devereux QC, who is leading the legal team for Archie's parents, argued at the appeal hearing that Mr Justice Hayden had not given "real or proper weight" to Archie's previously expressed wishes and religious beliefs; not given "real or proper weight" to Archie's family's wishes; failed to carry out a "comprehensive evaluation" of the benefits and burdens of continuing life-support treatment, and had been wrong to conclude that treatment was burdensome and futile.

Judges have heard how Ms Dance found Archie unconscious with a ligature over his head on April 7.

She thinks he may have been taking part in an online challenge and has not regained consciousness.

Doctors treating Archie at the Royal London Hospital in Whitechapel, East London, think he is brain-stem dead and say continued life-support treatment is not in his best interests. His parents disagree.

Bosses at the hospital's governing trust, Barts Health NHS Trust, had asked for decisions on what medical moves were in Archie's best interests.

Another High Court judge, Mrs Justice Arbuthnot, initially considered the case and concluded that Archie was dead.

Hollie Dance, pictured with her son, argued Archie would want to fight (PA)
The youngster has been in a coma for several weeks (Hollie Dance / SWNS)

But Court of Appeal judges upheld a challenge by his parents against decisions taken by Mrs Justice Arbuthnot and said the evidence should be reviewed by Mr Justice Hayden.

On Friday, Mr Justice Hayden ruled that continuing treatment was not in Archie’s best interests.

He said the medical intervention “serves only to protract his death, whilst being unable to prolong his life”.

Archie’s mum said: “It is not in Archie’s best interests to die.

“‘Planned death’ is another name for euthanasia, which is illegal in this country.

“It is for God to decide what should happen to Archie. As long as Archie is fighting for his life, I cannot betray him. Until Archie gives up, I won’t give up.”

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