Archie Battersbee’s life support ‘ending at 11am’ after Supreme Court appeal fails

Archie Battersbee’s parents now turn to European Court of Human Rights

The mother of 12-year-old Archie Battersbee said that his life support will be withdrawn at 11am on Wednesday after the family lost a Supreme Court bid to continue his treatment.

Archie has spent four months in a coma being kept alive by ventilation after being found unconscious at home in Southend, Essex, on 7 April.

His mother Hollie Dance believes that he may have been participating in an online challenge when he suffered brain damage.

Doctors at the Royal London Hospital believe it is “highly likely” he is brain-stem dead and have argued it is in his best interest for life support to end.

On Tuesday, after losing the Supreme Court bid, Ms Dance said they will submit an application to the European Court of Human Rights in a bid to postpone the withdrawal of his life support.

Ms Dance said: “Our solicitors will be filing to the European Court of Human Rights. They’ve been given a strict timeline of 9am. Again, no time whatsoever. Every single court case we’ve had we’ve had no time at all, one or two days to prepare and get the whole case together.”

She said earlier: “I will continue to fight right until the bitter end. Is that the way forward in this country then we’re allowed to execute children because they’ve got disabilities? What next?”

Archie Battersbee has not regained consciousness since April (Hollie Dance/PA)

The Court of Appeal ruled on Monday that Archie’s treatment should not continue beyond noon on Tuesday – the same day as the Supreme Court ruling.

The Court of Appeal had also refused a request by Archie’s parents – Ms Dance and Paul Battersbee – to escalate the case to the Supreme Court, and the family had to instead apply to the UK’s highest court directly.

On Sunday, the day before the Court of Appeal ruling, health secretary Steve Barclay wrote to the judges to ask that they urgently review the matter in light of a UN committee request to continue keeping Archie on life support.

In refusing permission to appeal, a panel of three Supreme Court justices concluded the Court of Appeal – which had heard that Archie’s “every bodily function is now maintained by artificial means” – had “made the correct decision”.

In a lengthy statement announcing their decision, Lords Hodge, Kitchin and Stephens said: “As this panel stated in its note of determination last week, the justices have great sympathy with the plight of Archie’s devoted parents who face a circumstance that is every parent’s nightmare – the loss of a much-loved child.”

Archie’s parents Paul Battersbee and Hollie Dance outside the Royal London Hospital (PA)

The judges continued: “It has to be borne in mind that, sadly, the central issue between Archie’s parents on the one hand and the NHS trust, which is supported by Archie’s very experienced guardian, has not been about Archie’s recovery but about the timing and manner of his death.

“As Sir Andrew MacFarlane recorded in his earlier judgment of 25 July, there is no prospect of any meaningful recovery.

“Even if life-sustaining treatment were to be maintained, Archie would die in the course of the next few weeks through organ failure and then heart failure.

“The maintenance of the medical regime, as (Mr Justice Hayden) held in his very sympathetic judgment, ‘serves only to protract his death’.

“That conclusion was one which the judge reached only ‘with the most profound regret’.”

Archie Battersbee has been kept alive by ventilation and medication (PA)

The panel concluded: “According to the law of England and Wales, Archie’s best interests and welfare are the paramount consideration.

“The panel reaches this conclusion with a heavy heart and wishes to extend its deep sympathy to Archie’s parents at this very sad time.”

Earlier, Ms Dance said she and Mr Battersbee were “extremely disappointed” with the Supreme Court’s decision.

In a statement issued by the Christian Legal Centre, which is supporting the parents’ legal action, she said: “No authorities, other than the UN CRPD (Convention on the Rights of Persons with Disabilities), have shown any compassion or understanding to us as a family. We will fight until the end.”

Hollie Dance (second right) outside the hospital after the Supreme Court’s decision (PA)

Before the Supreme Court announced its decision, Ms Dance 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.”

Alistair Chesser, chief medical officer for Barts Health NHS Trust, said the hospital will liaise with the family on ending the life-support treatment.

He said: “Our deepest sympathies remain with Archie’s family. As directed by the courts, we will now work with the family to prepare for the withdrawal of treatment.

“We aim to provide the best possible support to everyone at this difficult time.”