Archie’s case referred back to High Court in last minute move
Legal row goes on over fate of boy in coma as parents enlist help of UN
A LAST-MINUTE hearing will be held over whether lifesupport treatment should be withdrawn for 12-year-old Archie Battersbee, just hours before it is due to end.
The Court of Appeal granted a virtual hearing for 11am today after the Government asked it to “urgently consider” a request from the UN Committee on the Rights of Persons with Disabilities to continue his treatment so it could examine his case.
Archie was left in a comatose state after suffering brain damage following an incident at his home on April 7.
Barts Health NHS Trust, which cares for the boy, said in a letter to his parents over the weekend that “all fluid infusions, medications, including vasopressin will be stopped” at 2pm today.
His parents, Hollie Dance and Paul Battersbee, asked the UN to intervene in his case arguing that the UN Committee on the Rights of Persons With Disabilities (UNRPD) has a protocol that allows families to make complaints about violations of disabled people’s rights.
In response, the UNRPD asked the UK to “refrain from withdrawing life-preserving medical treatment, including mechanical ventilation and artificial nutrition and hydration” from the boy “while the case is under consideration by the committee”.
It added, however, this request does not imply the committee has reached a decision on the matter.
The Government’s legal department last night wrote to the Family Division of the High Court and asked for the committee’s request to be “urgently considered”. As a result, a virtual Court of Appeal hearing will now take place at 11am today. It is understood the hearing will consider the UN’S request.
Ms Dance said: “We are relieved that the Government has taken the UN’S intervention seriously. This was not a ‘request’ but an interim measures injunction from the UN.
“The anxiety of being told that Archie’s life-support will be removed has been horrific.” Ms Dance was refusing to leave his bedside yesterday after doctors said his treatment would be stopped.
His family last week failed to persuade the Supreme Court to intervene in his case, after Mr Justice Hayden ruled that ending treatment is in Archie’s best interests.
Alistair Chesser, chief medical officer for Barts Health NHS Trust, said the plan to withdraw medical treatment will proceed unless the court directs otherwise today.
He said: “Our deepest sympathies are with Archie’s family at this difficult time.
“We understand a court hearing will take place on Monday morning and we await the outcome.”
In a statement issued by the Christian Legal Centre (CLC), which is representing the family, they said: “We as a family are very disappointed that the trust’s management has chosen to hide behind euphemisms and to mislead the public. It is hard to see any reason for that behaviour except knowing what they are doing is cruel and wrong.”
Archie’s family claim the UK would be in breach of its obligations under “Articles 10 and 12 of the UN Convention on the Rights of People with Disabilities, and Article 6 of the UN Convention on the Rights of Children” if treatment is stopped.
A Government spokesman said: “We asked the High Court to urgently consider the request from the UN Committee on the Rights of Persons with Disabilities.”