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Wales Online
Wales Online
National
Neil Shaw

High Court rules doctors can stop life-support for Archie Battersbee, 12

A High Court judge has ruled that doctors can lawfully stop providing life-support treatment to a 12-year-old boy with brain damage after reviewing evidence at a hearing in London.

Doctors treating Archie Battersbee say continued treatment is not in his best interests and should end.

Archie’s parents, Hollie Dance and Paul Battersbee, from Southend in Essex, disagree.

Mr Justice Hayden on Friday ruled that treatment could lawfully end.

Mr Justice Hayden said medical evidence was “compelling and unanimous”, and painted a “bleak” picture.

The judge said evidence showed that Archie had suffered a “significant injury” to “multiple areas” of his brain and had not “regained awareness at any time”.

“Archie’s mother described him as a fighter and I have no doubt he was,” said Mr Justice Hayden.

“But the fight, if it can properly be characterised as such, is no longer in Archie’s control.

“The damage to his brain has deprived him of any bodily autonomy.

“Eventually Archie’s organs will fail and ultimately his heart will stop.”

Mr Justice Hayden said the reality of Archie’s case was “terrible”.

He said: “The medical evidence finds that for Archie improvement is not possible.

“There is unfortunately no treatment possible to reverse the damage that has been caused to Archie’s brain.

“There can be no hope at all of recovery.”

The judge said he had reached his conclusions with “profound regret”.

Ms Dance, Mr Battersbee and other members of Archie’s family were in court to hear the judge outline his conclusions.

Doctors treating Archie Battersbee say continued treatment is not in his best interests and should end.

Archie’s parents, Hollie Dance and Paul Battersbee, from Southend in Essex, disagree.

Archie Battersbee, 12, is at the centre of a legal dispute (Family handout/PA)

Mr Justice Hayden on Monday reviewed evidence at a hearing in the Family Division of the High Court in London.

Another High Court judge had earlier concluded that Archie was dead, but Court of Appeal judges upheld a challenge, made by Archie’s parents, to decisions taken by Mrs Justice Arbuthnot and said evidence should be reviewed.

Ms Dance urged Mr Justice Hayden to let Archie die a natural death.

She said her son would want treatment to continue.

Archie Battersbee’s mother, Hollie Dance, right, with family friend Ella Carter outside the High Court in London (Kirsty O’Connor/PA)

Doctors treating Archie at the Royal London Hospital in Whitechapel, east London, have told judges they think he is “brain-stem dead” and say continued life support treatment is not in his best interests.

Lawyers representing the Royal London Hospital’s governing trust, Barts Health NHS Trust, had asked for decisions about what moves are in Archie’s best interests.

Archie’s father Paul Battersbee, who also lives in Southend but is separated from Ms Dance, told Mr Justice Hayden that Archie would “not want to leave” his mother.

“I think he should be left for a bit longer,” he said.

Archie’s father Paul Battersbee outside court (James Manning/PA)

“I am not looking at it through rose-tinted glasses, but it has only been 12 or 13 weeks and doctors have got it wrong before.”

He added: “The most important thing for me is to know he has gone in God’s way.”

Archie’s mother has told how she found him 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.

Archie’s family are being supported by a campaign organisation called the Christian Legal Centre.

Chief executive Andrea Williams said: “What Archie’s case has shown is that systematic reform is needed to protect the vulnerable and their families in end-of-life matters.

“Anyone following this story over the past few months will have seen what it takes to legally challenge the will of hospital bosses once they have decided life support should be removed.

“This family have fought courageously to get to this point in taking a stand for Archie’s life.

“We continue to stand shoulder to shoulder with them and continue to pray for justice and a miracle.”

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