A High Court judge today ruled doctors can lawfully remove life support from brain-damaged 12-year-old Archie Battersbee.
Archie suffered a devastating brain injury three months ago and the doctors treating him said continuing treatment was not in his best interest and should be ended.
His parents, Hollie Dance, 46, and Paul Battersbee, 56, from Southend in Essex, disagree.
And a lawyer representing Archie’s parents said they wanted to try to challenge Mr Justice Hayden’s decision in the Court of Appeal.
Judge Hayden, reviewing evidence at a hearing in the High Court’s Family Division earlier this week, concluded on Friday that ending treatment was in Archie’s best interests.
He described what happened to Archie as a “tragedy of immeasurable proportions”.
Archie (pictured in hospital) sustained a devastating brain injury three months ago and doctors treating him say continuing treatment is not in his best interest and should be stopped
His parents, Hollie Dance (pictured with Archie) and Paul Battersbee, from Southend in Essex, disagree
Another High Court judge had previously concluded that Archie was dead, but the Court of Appeal judges upheld a challenge by Archie’s parents to decisions made by Ms Justice Arbuthnot and said evidence should be reviewed.
Ms Dance urged Mr Justice Hayden to let Archie die a “death of natural causes”. She said her son would want treatment to continue.
Doctors treating Archie at the Royal London Hospital in Whitechapel, east London, have told judges they believe he is “brain dead” and say continued life support is not in his best interests.
Archie has been in a coma since he was found unresponsive with a ligature around his neck at his home in Southend, Essex, on April 7.
Ms Dance believes her son, a talented gymnast, choked to death while taking part in a viral social media trend known as the ‘Blackout Challenge’ that first circulated online 14 years ago. Since then, the boy has not regained consciousness.
Archie has been in a coma since he was found unresponsive with a ligature around his neck at his home in Southend, Essex, on April 7
Solicitors representing the Royal London Hospital’s trust, Barts Health NHS Trust, have asked for rulings on what steps are in Archie’s best interests.
Mr Justice Hayden said medical evidence was “convincing and unanimous” and painted a “gloomy” picture.
The judge said evidence showed Archie suffered “significant injury” to “multiple areas” of his brain and “never regained consciousness”.
“Archie’s mother described him as a fighter and I have no doubt he was one,” Judge Hayden said.
“But the fight, if it can be properly characterized as such, is no longer in Archie’s control.
“The damage to his brain has taken away all physical autonomy.
“Eventually Archie’s organs will fail and eventually his heart will stop.”
Archie’s father Paul Battersbee, who also lives in Southend but is separated from Ms Dance, told Mr Justice Hayden that Archie “wouldn’t want to leave” his mother.
He said today: “There have been too many battles in too little time.
“He needs more time. We will try to appeal. Who knows?’
Mr Battersbee had previously said: “I’m not looking at it through rose-colored glasses but it’s only been 12 or 13 weeks and the doctors have been wrong before.”
He added: “The most important thing for me is to know that he walked God’s way.”
Archie’s family is supported by a campaign organization called the Christian Legal Centre. Pictured: Archie’s mother and father
Archie’s father Paul Battersbee (pictured), who also lives in Southend but is separated from Ms Dance, told Mr Justice Hayden that Archie “wouldn’t want to leave” his mother
Mr Justice Hayden said: “This court needs to ask itself whether it is in Archie’s best interests to continue on ventilation in this case.
“With the deepest regret, but based on the most compelling evidence, I am compelled to conclude that this is not the case.
“Accordingly, the Court cannot authorize or rule in law the continuation of this current treatment.
“It is clear from the details of the treatment I have set out above that it is intrusive, distressing and intense. If there were any way at all to improve Archie’s condition, it would be both proportionate and expedient.
“Where, as here, treatment is in vain, it jeopardizes Archie’s dignity, robs him of his autonomy and is entirely detrimental to his well-being.
“It only serves to delay his death while incapable of prolonging his life.
“Having reached this conclusion, the prospect of an ending to Archie’s life that is more consistent with the way he lived in the past arises.
“Precautions can be taken … that will allow Archie to die in peaceful circumstances and in the embrace of the family he loved.”
Archie’s family is supported by a campaign organization called the Christian Legal Centre.
Chief executive Andrea Williams said after Mr Justice Hayden’s decision: “This is another devastating blow to the family and to Archie. Unfortunately, however, this is what we expect of the courts in end-of-life cases.
“What Archie’s case has shown is that systematic reforms are needed to protect the vulnerable and their families on end-of-life issues.
“Parents of vulnerable and critically ill children are being guided through the mill at the most traumatic moments in their lives when they need compassion, support and respect from the NHS and the legal system.”
She continued: “Behind the backs of Parliament and the public, the courts appear to have developed a concept of ‘dying with dignity’ which, in all but name, amounts to euthanasia.
“These sensitive ethical issues should be discussed and decided in democratic parliaments, not by right-wing activists. Life is the most precious gift we have.’
“Anyone who has followed this story over the past few months will have seen what it takes to challenge the will of hospital bosses once they have decided that life support should be withdrawn.
“This family fought bravely to get to this point and stand up for Archie’s life. We continue to stand with them as they appeal this verdict.’
