Archie Battersbee is set to have his life support removed after his family lost their final bid to keep him alive today.
During a last-minute Court of Appeal meeting this afternoon, the heartbroken family were informed of their son's fate. Now, the court will only grant a short stay, or delay, until 12 o'clock tomorrow, after which the boy's ventilator can be turned off by staff at The Royal London Hospital.
The 12-year-old has been in a coma since April after he suffered a catastrophic brain injury. Doctors treating Archie said he is scientifically brain-stem dead and continuing life-support treatment would not be in his best interests.
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Following this announcement, Archie's separated parents Hollie Dance and Paul Battersbee launched several appeals to continue his treatment. Initially, his life support was scheduled to be switched off at 2pm today, but his parent were granted a last-minute virtual hearing at 11am.
Edward Devereux QC, representing Archie's family, argued during the hearing this morning with the President of the Family Division, Sir Andrew McFarlane, Lady Justice King and Lord Justice Moylan that unless the withdrawal of his life-sustaining treatment is postponed, the court will be "complicit" in a "flagrant breach of international law".
Archie's parents had applied to the UN in a last-ditch effort to prevent his treatment from being stopped. In turn, the committee contacted the government on Friday with the government's legal department writing an urgent letter on Sunday on behalf of Health Secretary Steve Barclay, requesting the court to consider the committee's request.
Furthermore, a legal "stay" to prevent treatment from ending was put in place until 1pm on Monday so the Court of Appeal could finalise a decision. Mr Deverux said the committee's request was "binding" under international law.
He told the court: "What this court is considering now is whether it is going to be complicit in a flagrant breach of international law." He argued that it would be "wholly inappropriate" for the court to reach a decision without the government being required to provide its views on the committee's request.
Despite this, Lady Justice King said the government has chosen to not intervene with the case. Claire Watson QC, for Archie's guardian - an independent adviser appointed to represent him - said that had been no change to the guardian's view that it is no longer in Archie's best interest to continue treatment due to his "parlous" condition.
Ms Watson also said in written submissions that there would be zero breach of law by refusing the committee's request. She added: "The UN Committee's request to the UK Government to refrain from withdrawing life-preserving medical treatment is purely a request.
"The request is not enforceable and if not acceded to, the consequences for the state party would be criticism and moral censure by the UN committee, and potentially wider international criticism for frustrating the function of the committee." Meanwhile, Ms Dance said her family has received "no support whatsoever" from the NHS Trust, telling Sky News this morning: "Absolutely none. I know they come across to the media as supportive and compassionate. It's very much the opposite. It's very misleading."
Speaking about being handed a letter on Saturday night with the "choreographed execution" that: "There was no meeting, sat down and broken to gently." She added: "It's just caused so much stress. This could have been totally prevented and handled totally different to how it's been handled.
"We shouldn't have been dragged through the courts." She further said: ""It's been very draining. Stress levels are through the roof. Very heart-breaking. It's been a very hard few months."
A spokesman for the Department of Health and Social Care said: "We recognise this is an exceptionally difficult time for Archie Battersbee's family and our thoughts are with them.
"The Government asked the High Court to urgently consider the request from the UN Committee on the Rights of Persons with Disabilities."
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