Archie Battersbee's parents lose last-minute legal fight, life support to be switched off on Tuesday
The family of Archie Battersbee, a 12-year-old boy who sustained “catastrophic brain-damage” while participating in a devious online challenge, has lost a second appeal. A judge ruled on Monday that the boy's life support can be turned off because it's in Archie’s "best interest." However, they granted a short stay, or delay, until midday Tuesday. After that, his ventilator can be switched off.
Lawyers representing Archie's family told the Court of Appeal on Monday that not postponing the withdrawal of life support would breach international human rights laws. This came after the UK government asked judges to consider a request from a United Nations committee to keep treating the youngster while it examines the case.
Archie is under the care of the Barts Health NHS Trust since he was found unconscious at home by his mother on April 7. The trust said in a letter to his parents that "no supplemental oxygen will be given" after the endotracheal tube of the mechanical ventilator is removed. The boy has relied on the machine since his admission to the Royal London Hospital in Whitechapel in April.
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Archie Battersbee, 12, set to be taken off life support on Monday despite UN intervention
Meanwhile, Archie's mum Hollie Dance accused Barts Health NHS Trust of planning a “choreographed execution” of her son. The embattled mother said the family has had "no support whatsoever" from the trust. "Absolutely none. I know they come across to the media as supportive and compassionate. It's very much the opposite. It's very misleading," she told Sky News. Dance said she received a letter Saturday night, July 30, which detailed the "choreographed execution" of Archie. "There was no meeting, sat down and broken to gently," she remarked.
A court hearing will take place this morning amid a legal battle over whether to withdraw life support treatment for 12-year-old Archie Battersby.
— Sky News (@SkyNews) August 1, 2022
His mother Hollie Dance says the last few months have been "an emotional rollercoaster".https://t.co/1ncPG2Vnpz
📺 Sky 501 pic.twitter.com/eKBY0Tgiwx
“This is a 12-year-old...this is a child. They say about Archie's best interests, I don't believe for one minute that Archie's best interests would be to put his parents through what we're being put through. Our little boy wouldn't like that," Dance continued. “I think that it needs overlooking, and I'm very grateful to the Health Secretary for doing what's he's done, very grateful. I just hope that it is overlooked within the court today. It's been very draining. Stress levels are through the roof. Very heart-breaking. It's been a very hard few months."
The mother was also asked about how hopeful she’s about August 1 court’s verdict and she remarked, “I don't know really. I guess because of all the court appearances and things that we've had now and it seems...everything, apart from obviously the appeal that we won, everything seems to go in the trust's favour. It's just left me feeling very anxious all weekend. I've carried a lot of anxiety here in my chest. It just feels awful.”
Barts Health NHS Trust wrote to the family over the weekend to let them know that treatment would end at 2 pm on Monday. Ministers had earlier on Sunday night asked the high court to "urgently consider" a UN request to keep Archie's life support from being turned off. The health secretary, Steve Barclay, is credited with writing the letter.
Archie Battersbee’s parents have been written to by @RoyalLondonHosp to say his life support will be switched off at 2pm tomorrow.
— Charlie Frost (@frostreports) July 31, 2022
The day before this was sent United Nations had asked the UK govt refrain from turning it off, while it considered an application to keep it on. pic.twitter.com/i3wrvHx8Vk
In a previous letter the UN committee sent to Archie's family, the government was asked to "refrain from withdrawing life-preserving medical treatment, including mechanical ventilation and artificial nutrition and hydration, from the alleged victim while the case is under consideration by the committee." The plan to withdraw medical treatment would go ahead, according to Alistair Chesser, chief medical officer at Barts Health, unless the court ordered otherwise on August 1 in the last-minute hearing.
“Our deepest sympathies are with Archie’s family at this difficult time," he said, adding, "We understand a court hearing will take place on Monday morning, and we await the outcome. The plan to withdraw treatment will proceed unless the court directs otherwise." Barts Health informed Archie's parents, Hollie Dance and Paul Battersbee, over the weekend that "all fluid infusions, medications, including vasopressin, will be stopped" at 2 pm on August 1. The child has been in the hospital since April, when Dance discovered him with a ligature around his head. Doctors at the Royal London Hospital in east London believe he is brain-dead and that continuing life support treatment is not in his best interests.
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His family, however, filed legal challenges to keep Archie's ventilator turned on and the treatment going. His mother had pleaded with Barclay to "act immediately" to prevent the treatment from being terminated, calling it a "flagrant violation" of the boy's rights and urging the UN to intervene. "We understand that any discussions around the withdrawal of Archie's treatment are very difficult and painful. We want to make sure that you and your family are as involved as you want to be," said the letter from the Barts Trust. After reviewing the evidence, a high court judge ruled that discontinuing treatment is in Archie's best interests. "If this happens, it will be extraordinary cruelty, and a flagrant violation of Archie's rights as a disabled person," Dance wrote to Health Secretary Barclay on Saturday, July 30. “Archie is entitled to have the decisions about his life and death, taken by the NHS and UK courts, scrutinised by an international human rights body. Hastening his death to prevent that would be completely unacceptable," she added.