The parents of Archie Battersbee have been given the go-ahead to take their case to the Court of Appeal after a High Court judge concluded that the youngster was dead. It comes after it was recently ruled that doctors could lawfully stop providing treatment to the 12-year-old boy after a trial in the Family Division of the High Court in London.
Archie’s parents, Hollie Dance and Paul Battersbee, from Southend, Essex, have now been given permission from Mrs Justice Arbuthnot to take the legal battle to the Court of Appeal. The pair, who are separated, say Archie's heart is still beating and want treatment to continue.
Their legal team argued that evidence had not shown “beyond reasonable doubt” that Archie is dead. Edward Devereux QC said the decision had been made on a balance of probabilities and argued that a decision of such “gravity” should have been made on a “beyond reasonable doubt” basis.
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Doctors treating Archie at the Royal London Hospital in Whitechapel, east London, told Mrs Justice Arbuthnot they think the youngster is “brain-stem dead”. They say treatment should end and think Archie should be disconnected from a ventilator.
At today's hearing, Mrs Justice Arbuthnot said there was a “compelling reason” why appeal judges should consider the case. She decided that it was appropriate for appeal judges to consider the issue over the standard of proof.
Mrs Justice Arbuthnot heard that Archie suffered brain damage in an incident at home in early April. Ms Dance said she found her son unconscious with a ligature over his head on April 7 and thinks he might have been taking part in an online challenge. He has not regained consciousness.
Andrea Williams, chief executive of the Christian Legal Centre, which is supporting the parents' case, said: “A ruling that says death can be declared on the balance of probabilities sets a troubling precedent for our society and must be appealed. This case is the first of its kind in an English court and has raised significant moral, legal and medical questions as to when a person is dead.
“Archie’s parents believe that the time and manner of his death should be determined by God and claim a right to pray for a miracle until and unless that happens. That belief must be respected. The ideology of ‘dignity in death’, meaning a planned time of death as fixed and carried out by the doctors, should not be brutally imposed on families who do not believe in it.
“We will continue to stand with the family as they appeal the ruling and continue to pray for a miracle.”
Read more of today's top stories from the Manchester Evening News here.
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