Richie Battersbee’s parents lost a Supreme Court to propose a delay in withdrawing his life-sustaining treatment pending a review of his case by a UN committee.
The 12-year-old has been in a coma since being found unconscious by his mother in April and is currently being kept alive by a combination of medical interventions, including ventilation and drug treatment, at the Royal Infirmary in East Whitechapel, London. .
Her parents: Holly Dance and Paul Battersby, a Court of Appeal hearing was held on Monday after Government asked the judges to immediately consider the UN committee’s request to continue Archie’s treatment while it reviews his case.
However, after deliberating on the matter, three justices declined to delay ending the life-sustaining treatment Tuesday afternoon.
They also refused permission to appeal their decision to the Supreme Court.
Ms Dance and Mr Battersby have made a direct application to the High Court asking for her treatment to continue so that the UN Committee on the Rights of Persons with Disabilities (UNCRPD) has time to consider their complaint lodged last week.
However, refusing leave to appeal, the three-judge panel concluded that the Court of Appeal had “made the right decision”.
Ms. Dance said Tuesday night Barts Health NHS Trust Archie’s life support will begin to be withdrawn at 11am on Wednesday if the family does not lodge an application with the European Court of Human Rights by 9am.
He said in his statement. “It is heartbreaking that the hospital trust told us this evening that we cannot move Archie to hospice.
“We want to make an urgent application to the European Court of Human Rights, but the trust says it has to be made by 9am, which doesn’t give us and our lawyers time to prepare it.
“They also demand to see a copy of it, which they have no right to see. However, if this does not happen, they say that they will stop the treatment tomorrow at 11 am. This is brutal and we are absolutely appalled.”
In a lengthy statement announcing their decision, Lords Hodge, Kitchin and Stephens told the High Court: a circumstance that is every parent’s nightmare: the loss of a very beloved child.”
The judges continued. “It should be noted that, unfortunately, the central issue between Archie’s parents on the one hand and the NHS trust, which supports Archie’s very experienced carer, is not about Archie’s recovery, but timing. and the manner of his death.
“As Sir Andrew Macfarlane noted in his earlier judgment of 25 July, there is no prospect of any meaningful recovery.
We will fight until the end
“Even if life-sustaining treatment had been maintained, Archie would have died within the next few weeks of organ failure and then heart failure.
“Continuing the medical regime, as (Mr Justice Hayden) put it in his very sympathetic judgment, ‘serves only to prolong his death.’
“That conclusion was one that the judge reached only with ‘deepest regret.’
The commission concluded. “According to the law of England and Wales, Archie’s best interests and welfare are paramount.
“The council reaches this conclusion with a heavy heart and wishes to express its deepest sympathies to Archie’s parents at this very sad time.”
Ms Dance said she and Mr Battersby were “extremely disappointed” by the High Court decision.
in the message spread by Christian Legal Centerwhich supports Archie’s parents’ legal action, he said. “No authority, apart from the UN CRPD, has shown any compassion or understanding to us as a family.
“We will fight until the end.”
Speaking outside the hospital, she left the door open for another legal challenge to stop life support from her 12-year-old son.
Ms. Dance told reporters the family was exploring another legal option, but “it’s really kind of the end of it.”
He added: “I can honestly say that Archie would be very, very disappointed with our justice systems.
“This is someone’s child… they’re not just taking the child away from me and Paul, they’re destroying the whole family.
“It is not right, it is not right, and something must be done. This country desperately needs reform.”
Alistair Chesser, Chief Medical Officer at Barts Health NHS Trust, said: “Our deepest sympathies go out to Archie’s family.
We don’t understand what the rush is and why all our desires are denied
“At the direction of the courts, we will now work with the family to prepare for the termination of treatment.
“We aim to provide everyone with the best possible support at this difficult time.”
Ms. Dance said earlier Tuesday. “We have to fight with the hospital for every decision.
“There is nothing dignified in how we are treated as a family in this situation. We don’t understand what the rush is and why all our desires are denied.
“I know Archie is still with us. Archie shows very different signs of what doctors actually present to the courts.
“He’s very much there. He’s progressing in a lot of ways.”
A spokesman for the Christian Legal Center said Barts Health NHS Trust, which runs the hospital, had confirmed it would not take any action to stop the treatment until the High Court ruled.
Archie’s treatment was to be stopped on Monday after a High Court judge ruled it would be “lawful” and in his best interests, and the family had exhausted all avenues of appeal.
The Court of Appeal refused permission to challenge that decision last week, but the case was brought back to court on Monday after the UN’s HRC asked the government to “refrain from treating Archie while it considers his parents’ appeal.
A letter sent on Sunday on behalf of Health Secretary Steve Barkley asked the court to urgently review the matter in light of the committee’s request.
However, Sir Andrew Macfarlane, president of the High Court’s family division, said on Monday that the Convention on the Rights of Persons with Disabilities, which the UN committee made its request for, was “an unincorporated international treaty”.
Sir Andrew said: “It is not part of United Kingdom law … and it is not appropriate for this court to apply an unincorporated international treaty in its decision-making process.
“Every day that (Archie) continues to receive life-sustaining treatment is against his best interests, and therefore staying, even for a short time, is against his best interests.”
The judge said that this is what the courts of England and Wales have decided.
Archie was found unconscious in his home by his mother on April 7 and has not regained consciousness since. He thinks he was participating in an online challenge.
Archie Battersby’s parents lose High Court bid to delay treatment termination
SourceArchie Battersby’s parents lose High Court bid to delay treatment termination