Doctors can lawfully stop providing life-support treatment to 12-year-old boy Archie Battersbee, who is in a comatose state with severe brain damage, appeal judges have ruled.
Three Court of Appeal judges delivered a ruling about what moves are in the best interests of Archie, who suffered “catastrophic” brain damage three months ago.
Sir Andrew McFarlane, Lady Justice King and Lord Justice Peter Jackson had considered arguments at a hearing at the Court of Appeal in London last week.
Archie’s parents, Hollie Dance and Paul Battersbee, had mounted an appeal bid after a High Court judge ruled doctors could lawfully stop treatment.
Ms Dance said she had seen indications Archie, who is attached to a ventilator, had twice tried to breathe for himself in the last few days.
Archie’s mother ‘disgusted’ at ruling
Archie’s parents are being supported by the campaign organisation Christian Legal Centre.
Andrea Williams, its chief executive, said outside the court: “I am very disappointed that they have not adjourned this decision given that Mr Battersbee has been taken to hospital.
“I’ve been in touch with Archie’s mother – she is disgusted.”
A ‘tragedy of immeasurable dimensions’
Earlier this month a High Court judge ruled doctors could lawfully stop providing life-support treatment.
Mr Justice Hayden described what had happened to Archie as a “tragedy of immeasurable dimensions”.
He said medical evidence was “compelling and unanimous” and painted a “bleak” picture.
The judge said evidence showed that Archie had suffered a “significant injury” to “multiple areas” of his brain and had not “regained awareness at any time”.
But Archie’s parents said the judge made errors and wanted the appeal court to remit the case to another High Court judge for another hearing.
Judges heard how medical evidence shows Archie is in a “comatose state”.
Barrister Edward Devereux QC, leading the legal team for Archie’s parents, had argued at the appeal hearing that Mr Justice Hayden had not given “real or proper weight” to Archie’s previously expressed wishes and religious beliefs.
He also argued the High Court judge had not given “real or proper weight” to Archie’s family’s wishes; had 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.
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High Court rules Archie is dead
Archie has been at the centre of a legal dispute after he was seriously injured in an incident at his home in Essex in April.
His mother, Ms Dance, said she found him unconscious with a ligature over his head on 7 April and thinks he might have been taking part in an online challenge. He has not regained consciousness.
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.
Bosses at the hospital’s governing trust, Barts Health NHS Trust, had asked for decisions on what medical moves were in the boy’s best interests.
Another High Court judge, Mrs Justice Arbuthnot, initially considered the case and concluded Archie was dead.
But Court of Appeal judges upheld a challenge by his parents against decisions taken by Mrs Justice Arbuthnot and said evidence should be reviewed by Mr Justice Hayden.
