Brain-dead boy kept alive after parents win fresh appeal

A 12-YEAR-OLD boy declared brain dead will be kept alive after his parents yesterday won an appeal against a High Court ruling.

Archie Battersbee’s parents asked for a review after Mrs Justice Arbuthnot ruled that doctors could lawfully stop providing him with treatment.

Yesterday, three appeal judges ruled that evidence relating to what was in Archie’s best interests should be reconsidered by a different High Court judge.

Lawyers for Archie’s parents, Hollie Dance and Paul Battersbee, of Southend, Essex, argued the judge made her decision on a balance of probabilities and the ruling should have been made on a “beyond reasonable doubt” basis.

Edward Devereux QC, told the appeal judges the case should be remitted to the High Court so a judge could carry out a more substantial analysis of whether it was in Archie’s best interests for treatment to continue.

Sir Geoffrey Vos, the Master of the Rolls; Sir Andrew Mcfarlane, president of the Family Division of the High Court and most senior family court judge in England and Wales; and Lady Justice King allowed the appeal and said the case would be reheard next month.

‘We’re delighted. We wanted another hearing and we have got everything that we wanted’

Doctors treating Archie at the Royal London Hospital in Whitechapel told Mrs Justice Arbuthnot they thought he was “brain-stem dead”, treatment should end and he should be disconnected from a ventilator. Archie’s parents say his heart is still beating and want treatment to continue.

Mr Devereux said evidence had not shown “beyond reasonable doubt” that Archie was dead.

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 she believes that he might have been taking part in an online challenge.

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

Ms Dance said after the appeal hearing: “We’re delighted. We wanted another hearing and we’ve got everything we wanted.”

Mr Battersbee said: “Delighted. It couldn’t really have gone any better today.”