The parents of Archie Battersbee have filed an application to the Supreme Court in a bid to extend his life-sustaining treatment to allow time for a United Nations committee to consider the 12-year-old’s case.
Hollie Dance and Paul Battersbee last week made an application to the UN Committee on the Rights of Persons with Disabilities to review Archie’s case, and the committee issued a request that the UK government “refrain from withdrawing” his treatment while it considers their complaint.
However, a letter sent on Sunday on behalf of Health Secretary Steve Barclay requested that the matter be urgently reviewed by the courts and a Court of Appeal hearing was held on Monday, following which three senior judges refused to further extend the stay on withdrawing Archie’s treatment.
Sir Andrew McFarlane said there would be a short stay put in place until 12pm today to allow Ms Dance and Mr Battersbee time to make an application for permission to appeal to the Supreme Court. The Supreme Court has now confirmed it has received such an application and that it is being considered by a panel of three justices.
A spokeswoman for the court said: “The Supreme Court is aware of the urgency of this matter. A panel of three justices will consider the application for permission to appeal ‘on paper’, in the usual way.”
Archie's mum Hollie said: “We are having to battle over every decision with the hospital. There is nothing dignified in how we are being treated as a family in this situation.
“We do not understand what the rush is and why all of our wishes are being denied. I know Archie’s still with us. Archie’s showing very different signs to what the clinicians are actually putting over to the courts.
“He’s very much there, he’s progressing in so many ways. We pray for an encouraging response from the Supreme Court.”
A spokesman for the Christian Legal Centre, which is supporting the legal action brought by Archie’s parents, said the hospital trust has confirmed it will not take any steps to withdraw treatment until the Supreme Court has reached a decision.
Hollie and Paul were initially granted a hearing on Monday after the government asked judges to urgently consider a request from a UN committee to keep treating Archie. But after considering the case, judges refused to postpone the withdrawal of life-sustaining treatment beyond midday on Tuesday.
They also refused to grant permission to appeal against their ruling at the Supreme Court, the UK’s highest court. Archie’s care was due to end at 2pm at the Royal London Hospital in Whitechapel on Monday.
It came after a High Court judge previously ruled this to be in his best interests and the family exhausted all routes of appeal. Archie was found unconscious at his home by his mother on April 7 and has not regained consciousness since.
She believes he was taking part in an online challenge.
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