Archie Battersbee's family denied permission to take case to UN by Court of Appeal

27 July 2022, 15:30 | Updated: 27 July 2022, 16:14

Archie has been in hospital since early April
Archie has been in hospital since early April. Picture: Alamy

By Daisy Stephens

The family of 12-year-old Archie Battersbee have been denied permission by the Court of Appeal to take their case to the UN.

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The Court upheld a decision by the High Court to withdraw life support for the youngster, who has relied on mechanical ventilation since April 7.

Barts Health NHS Trust want to withdraw treatment, and were given permission to do so following best interest proceedings in the High Court.

But Archie's family says it is contrary to Archie's clearly expressed wishes, and also claim it breaches Articles 10 and 12 of the UN Convention on the Rights of People with Disabilities, as well as Article 6 of the UN Convention on the Rights of Children.

Read more: Archie Battersbee’s mum brands judges 'insensitive' after dad 'suffers heart attack'

Read more: Mum of Archie Battersbee, 12, vows to fight on after judge rules life support should end

Three Court of Appeal judges ruled on Monday that switching of his life-support was in the best interests of Archie, who has been in a comatose state since suffering "catastrophic" brain damage three months ago.

Shortly before the ruling Archie's father was taken to hospital.

Appeal judges were told on Monday that Paul Battersbee, who is in his 50s, was feared to have suffered a heart attack or stroke outside a courtroom at the Royal Courts of Justice in London.

A spokesman for the centre told the PA news agency on Wednesday that Mr Battersbee had now left hospital.

Archie's family is being supported by a campaign group called the Christian Legal Centre.

The family's lawyer David Foster, based at law firm Moore Barlow, said Ms Dance and Mr Battersbee, who are separated but both live in Southend, Essex, planned to appeal to the European Court of Human Rights.

Appeal judges 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, on Monday, upheld a ruling by a High Court judge who concluded that doctors could lawfully stop providing life-support treatment to Archie.

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Judges have heard that Ms Dance found Archie unconscious with a ligature over his head on April 7.

She thinks he might have been taking part in an online challenge.

The youngster 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 Archie's best interests.

Another High Court judge, Mrs Justice Arbuthnot, initially considered the case and concluded that Archie was dead.

But Court of Appeal judges upheld a challenge by his parents against decisions taken by Mrs Justice Arbuthnot and said the evidence should be reviewed by Mr Justice Hayden.

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