Appeal Court judges hear latest round of fight between Archie Battersbee’s parents and doctors over withdrawing 12-year-old’s life support
- High Court ruled doctors can switch off ‘brain-stem dead’ Archie’s life support
- Boy, 12, on life support Royal London Hospital after ‘catastrophic’ brain damage
- His parents Hollie Dance and Paul Battersbee had appeal heard in court today
- They argued High Court didn’t give ‘proper weight’ to Archie’s or family’s wishes
Archie Battersbee is still on life support
Three Court of Appeal judges today heard the latest round in the fight between Archie Battersbee’s parents and doctors over withdrawing his life support.
Archie, 12, has been kept alive in hospital after suffering ‘catastrophic’ brain damage in an accident at their home in Southend, Essex three months ago.
Archie Battersbee’s parents, Hollie Dance and Paul Battersbee, have mounted an appeal after a High Court judge ruled that Royal London Hospital doctors could lawfully stop treatment.
Archie Battersbee’s parents, Hollie Dance and Paul Battersbee, of Southend, Essex, have mounted an appeal bid after a High Court judge ruled that doctors could lawfully stop treatment. Pictured: Archie Battersbee’s mother, Hollie Dance (left), and father, Paul Battersbee (right), leaving the Royal Courts Of Justice in London today
The appeal was heard in the Court of Appeal today by Sir Andrew McFarlane, the most senior family court judge in England and Wales, Lady Justice King and Lord Justice Peter Jackson
Sir Andrew McFarlane, the president of the Family Division of the High Court and the most senior family court judge in England and Wales, Lady Justice King and Lord Justice Peter Jackson began considering arguments at a Court of Appeal hearing in London today, July 21.
Mr Justice Hayden delivered a ruling on Friday, July 15, after reviewing evidence at a hearing in the Family Division of the High Court in London.
He described what happened to Archie as a ‘tragedy of immeasurable dimensions’.
But he said medical evidence was ‘compelling and unanimous’ and painted a ‘bleak’ picture.
Edward Devereux QC, representing the family, argued at today’s appeal hearing that Mr Justice Hayden had not given ‘real or proper weight’ to Archie’s previously expressed wishes and religious beliefs, nor to his family’s wishes.
He also said the judge failed to carry out a ‘comprehensive evaluation’ of the benefits and burdens of continuing life-support treatment and had been wrong to conclude that treatment was burdensome and futile.
‘Archie would want us to keep on fighting,’ Ms Dance, from Southend in Essex said after the High Court ruling on Friday. ‘And we will keep on fighting. We will appeal,’ she added
Archie (pictured in hospital) suffered a devastating brain injury three months ago and doctors treating him say that continued treatment is not in his best interests and should end
‘Archie would want us to keep on fighting,’ Archie’s mother Ms Dance said after the High Court ruling on Friday.
‘And we will keep on fighting. We will appeal.’
Archie’s father Paul Battersbee, who is separated from Ms Dance, told Mr Justice Hayden that Archie would ‘not want to leave’ his mother.
He said on Friday: ‘There have been too many battles in too short a space of time.
‘He needs more time. We’ll try to appeal. Who knows?’
Judges have heard how Ms Dance found Archie unconscious with a ligature over his head on April 7.
She thinks he may have been taking part in an online challenge.
Another High Court judge, Mrs Justice Arbuthnot, initially considered the case.
She concluded, after an earlier hearing, that Archie is dead.
But Court of Appeal judges upheld a challenge by Archie’s parents against decisions taken by Mrs Justice Arbuthnot and said the evidence should be reviewed.
Mr Justice Hayden said evidence shows Archie suffered a ‘significant injury’ to ‘multiple areas’ of his brain and has not ‘regained awareness at any time’.
‘Archie’s mother described him as a fighter and I have no doubt he was,’ said Mr Justice Hayden.
Edward Devereux QC, representing the family, argued at today’s appeal hearing that Mr Justice Hayden had not given ‘real or proper weight’ to Archie’s previously expressed wishes and religious beliefs, nor to his family’s wishes
Archie’s father Paul Battersbee said: ‘There have been too many battles in too short a space of time. ‘He needs more time. We’ll try to appeal. Who knows?’ Pictured: Paul Battersbee and family friend Ella Carter, leaving the Royal Courts Of Justice in London today
‘But the fight, if it can properly be characterised as such, is no longer in Archie’s control.
‘The damage to his brain has deprived him of any bodily autonomy.
‘Eventually, Archie’s organs will fail and, ultimately, his heart will stop.’
Mr Justice Hayden said the reality of Archie’s case is ‘terrible’.
‘There is unfortunately no treatment possible to reverse the damage that has been caused to Archie’s brain,’ he said.
‘There can be no hope at all of recovery.’
Doctors treating Archie at the Royal London Hospital in Whitechapel, east London, think he is ‘brain-stem dead’ and say continued life support treatment is not in his best interests, his parents disagree.
Bosses at the hospital’s governing trust, Barts Health NHS Trust, had asked for decisions on what medical moves are in Archie’s best interests.
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