Tragic Archie Battersbee's life support will be switched off at 11am tomorrow after judges refused to stop doctor’s from ending his care, his family have said. Sky News reports that the 12-year-old’s mum Hollie Dance confirmed the heartbreaking update after losing a Supreme Court bid to block the withdrawal of his life-support.
The youngster has been in a coma since April after he suffered a catastrophic brain injury which medics at the Royal London Hospital in Whitechapel, east London, say has left him brain-stem dead. Doctors have argued that continuing his life-support treatment is not in his best interests but his devastated family have lodged several court actions in a bid to overturn the decision.
On Monday afternoon, shortly after 3pm, a judge ruled the schoolboy's life support could be turned off after his family lost a last-ditch bid to keep him alive. Mum Hollie and dad Paul Battersbee then filed an application directly with the Supreme Court, asking for his treatment to continue so the UN Committee on the Rights of Persons with Disabilities (UNCRPD) could have time to consider their complaint.
But, refusing permission to appeal, a panel of three justices concluded the Court of Appeal "made the correct decision".
In a lengthy statement announcing their decision, Lords Hodge, Kitchin and Stephens 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."
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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 judgement 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 judgement, 'serves only to protract his death'. That conclusion was one which the judge reached only 'with the most profound regret'."
The panel concluded: "According to the law of England and Wales, Archie's best interests and welfare are the paramount consideration. The panel reaches this conclusion with a heavy heart and wishes to extend its deep sympathy to Archie's parents at this very sad time."
The hospital where Archie Battersbee is being treated has said it will now work with his family to prepare the withdrawal of his life-sustaining treatment following the Supreme Court ruling. Alistair Chesser, chief medical officer for Barts Health NHS Trust, said: "Our deepest sympathies remain with Archie's family.
"As directed by the courts, we will now work with the family to prepare for the withdrawal of treatment. We aim to provide the best possible support to everyone at this difficult time."
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