Parents’ 11th-hour bid to save Archie rejected by court

ARCHIE BATTERSBEE should have his life support removed today, a Court of Appeal has ruled, as his parents promise to overturn the decision.

An emergency hearing was granted yesterday after the Government asked the Court of Appeal to “urgently consider” a request from the United Nations committee on the rights of people with disabilities to continue Archie’s treatment while it examines his case.

Archie, 12, from Southend, Essex, was left in a comatose state after suffering brain damage thought to have occurred after he took part in an online challenge at his home on April 7.

Last week, his family failed to persuade the Supreme Court to intervene, after Mr Justice Hayden ruled that ending treatment was in Archie’s best interests. Barts Health NHS Trust said in a letter to his parents that “all fluid infusions, medications, including vasopressin will be stopped” at 2pm yesterday.

However, Hollie Dance and Paul Battersbee, the boy’s parents, appealed for assistance from the UN committee, arguing that stopping treatment would be in breach of the UK’S 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.

The UN Committee on the Rights of Persons with Disabilities asked the UK to “refrain from withdrawing life-preserving medical treatment, including mechanical ventilation and artificial nutrition and hydration ... while the case is under consideration by the committee”.

However, the request was rejected by the Court of Appeal.

Sir Andrew Mcfarlane, president of the Family Division of the High Court, delivering the Court of Appeal’s judgment, said “every day” that Archie continues to be given support to stay alive is “contrary to his best interests” and “not in accordance with his welfare”.

He said that he disagreed with the parents’ case that Archie’s condition was “stable” and that he should continue to receive life-supporting treatment.

He referred to evidence heard from a doctor that Archie’s condition was in fact “unstable”, that he has experienced “very significant weight loss” and his “organs and ultimately his heart are in the process of closing down”.

He also dismissed arguments made by lawyers for Archie’s parents that time should be given for the boy’s case to be considered by the UN committee.

Speaking outside The Royal London Hospital after the judgment, Ms Dance said: “If tomorrow’s the last day then so be it – but we will be applying to the Supreme Court.”

Archie was declared brain-stem dead by doctors after, she believes, he took part in a viral social media challenge.