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Archie Battersbee’s life support to be switched off as last-minute appeal fails
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Archie Battersbee’s life support will be switched off tomorrow after a court ruled on a last-minute bid from his family.
Archie’s parents were granted a hearing at the High Court this morning after the health secretary asked the courts to ‘urgently consider’ a request from the UN Committee on the Rights of Persons With Disabilities (UNRPD).
However, the court has now concluded that the decision for the hospital to lawfully withdraw life support treatment should still stand.
A stay was granted for treatment to continue until 12 noon tomorrow, Tuesday August 2nd.
The UNRPD had asked the UK to continue his treatment while the committee examined the case of the twelve-year-old, who had been declared as brain-stem dead by doctors at the Royal London Hospital.
But after considering the case today, the court refused to postpone the withdrawal of life-support treatment any longer than midday tomorrow.
Sir Andrew McFarlane, the head of the family division at the High Court, said, as per ITV News: “I conclude there should be be no stay granted other than a short stay for the parents to take stock and decide if they want to make any further application to the Supreme Court.”
The judge also said the UNRPD is an ‘unincorporated international treaty’, saying: “It is not part of the law of the United Kingdom… And it is not appropriate for this court to apply an unincorporated international treaty into its decision-making process.’
He added: “Every day that [Archie] continues to be given life-sustaining treatment is contrary to his best interests and, so, a stay, even for a short time, is against his best interests.”
Archie was found unconscious at his home in Southend, Essex in April this year after taking part in what his mother, Hollie Dance, believes was an online challenge.
The following month, Mrs. Justice Arbuthnot ruled that Archie was brain-stem dead, declaring in June that his treatment should be withheld.
However, Archie’s parents have persistently appealed for their son to be given more time to recover from his brain injury, despite doctors stating it would not be in his best interests.