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Daily Record
Daily Record
World
Alahna Kindred & Hannah Mackenzie Wood

Archie Battersbee's parents win court appeal to keep son on life support

The parents of Archie Battersbee have won a Court of Appeal fight to keep their son on life support.

Hollie Dance and Paul Battersbee had requested a review of their case after a High Court judge ruled that the youngster was dead and doctors could withdraw care.

Following the court win in the battle to save their 12-year-old son, Miss Dance said: “We’re delighted.

“We wanted another hearing and we’ve got everything we wanted.”

Mrs Justice Arbuthnot had concluded that medics could lawfully stop Archie's treatment following a trial in the Family Division of the High Court in London, the Mirror reports.

Three appeal judges on Wednesday ruled that evidence relating to what was in Archie's best interests should be reconsidered by a different High Court judge. It comes after High Court judge Mrs Justice Arbuthnot concluded Archie Battersbee was dead and that doctors could lawfully stop providing treatment.

Archie suffered brain damage following an incident at home. (PA)

The schoolboy's parents were given the green light to take the case to the Court of Appeal. Today, the Court of Appeal judges considered arguments at the hearing in London.

Doctors treating Archie at the Royal London Hospital in Whitechapel, East London, had told Mrs Justice Arbuthnot they think he is "brain-stem dead". They said treatment should end and Archie should be disconnected from a ventilator.

Archie's parents, of Southend, Essex, said his heart is still beating and want treatment to continue. Ms Dance has also said he has felt him squeeze her hand and that she's been given a "glimmer of hope" after Archie had responded to music and smell.

Lawyers representing the Royal London Hospital's governing trust, Barts Health NHS Trust, asked Mrs Justice Arbuthnot to decide what moves were in Archie's best interests.

Archie was found unconscious with a ligature over his head on April 7. (Hollie Dance / SWNS)

Mrs Justice Arbuthnot concluded Archie was dead and said treatment should end, but she said there was a "compelling reason" why appeal judges should consider the case. A barrister leading Archie's parents' legal team had argued evidence has not shown "beyond reasonable doubt" that he is dead.

Edward Devereux QC said the decision had been made on a balance of probabilities, arguing a decision of such "gravity" should have been made on a "beyond reasonable doubt" basis.

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.

Hollie Dance (right) and family friend Ella Carter attending the High Court in London today. (PA)

The three appeal judges said the case would be reconsidered at a hearing in the Family Division of the High Court on July 11.

They made no criticism of Mrs Justice Arbuthnot and indicated that they would give reasons for their decision at a later date.

Mr Devereux argued that Mrs Justice Arbuthnot had not carried out a "comprehensive" analysis of evidence relating to whether life-support treatment should continue.

He suggested that the analysis had not been of a "gold standard" and told appeal judges: "In matters of life and death the gold standard should be reached."

Appeal judges said the case would be reconsidered by Mr Justice Hayden.

Speaking after today's hearing, Mr Battersbee added: “Delighted. It couldn’t really have gone any better today.”

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