Archie Battersbee's family says they were 'backed into corner by the system' and 'stripped of their rights'

7 August 2022, 13:01 | Updated: 7 August 2022, 13:10

Archie Battersbee died after a series of legal fights to keep him on life support and moved to a hospice
Archie Battersbee died after a series of legal fights to keep him on life support and moved to a hospice. Picture: Alamy

By Will Taylor

Archie Battersbee's family has said they were "backed into a corner by the system" in their fight for his "real best interests" in a new statement on Sunday.

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His distraught mother Hollie Dance broke down in tears on Saturday as she announced her 12-year-old had died when his life support was withdrawn at Royal London Hospital.

Doctors believed he was brain stem dead after he fell unconscious in what was thought to have been an attempt at an online craze that left him unconscious at his home in Southend, Essex in April.

They argued in a series of legal challenges levied by Ms Dance that it was in his best interests to have his life support taken away, which judges agreed with. Pleas for the European Court of Human Rights and a United Nations body to intervene also failed.

Read more: He fought to the very end': Candles lit at hospital in memory of Archie Battersbee after life support withdrawn

On Sunday, the family said in a statement released through Christian Concern: "We want something good to come out of this tragedy and the horrendous experience we have been put through by the system.

"No parent or family must go through this again. We have been forced to fight a relentless legal battle by the Hospital Trust while faced with an unimaginable tragedy.

"We were backed into a corner by the system, stripped of all our rights, and have had to fight for Archie's real 'best interests' and right to live with everything stacked against us."

Family says Archie Battersbee has died

Ms Dance has been highly critical of the hospital in east London, which is run by Barts Health NHS Trust.

After initial legal battles to keep his life support failed, she then tried to have him moved to a hospice to die.

But medical experts took issue with that and refused permission, ultimately being backed by the courts in that decision.

"This has now happened too often to parents who do not want their critically ill children to have life-support removed," the statement said.

"The pressure of the process has been unbelievable.

"There must be an investigation and inquiry through the proper channels on what has happened to Archie, and we will be calling for change."

It added: "Yesterday we lost our beautiful boy, Archie. He has fought against all the odds since April, and we are so proud of him.

Archie's life support was taken away on Saturday
Archie's life support was taken away on Saturday. Picture: Handout

"We are thankful for the huge amount of support we’ve received from so many different people. We are grateful to our legal team and others who have stood with us as we have faced these difficult challenges.

"We want something good to come out of this tragedy and the horrendous experience we have been put through by the system."

Archie's life support was due to be withdrawn at 10am on Saturday and the family announced later he had died just after midday in a tearful statement outside.

Hollie Dance was devastated outside Royal London Hospital
Hollie Dance was devastated outside Royal London Hospital. Picture: Alamy

Ms Dance said he was proud of her boy for his fight while Ella Rose Carter, the fiance of Archie's older brother, Tom, said:

"There is absolutely nothing dignified about watching a family member or a child suffocate.

"No family should ever have to go through what we have been through. It's barbaric."

Mourners had gathered outside the east London hospital to light candles at a memorial for Archie. A woman was seen helping two children to pay their respects at a makeshift shrine.

Alistair Chesser, chief medical officer at Barts Health NHS Trust, said: "Archie Battersbee passed away on Saturday afternoon at The Royal London Hospital after treatment was withdrawn in line with court rulings about his best interests.

"Members of his family were present at the bedside and our thoughts and heartfelt condolences remain with them at this difficult time."

Archie Battersbee: A timeline

  • April 7: Ms Dance finds Archie unconscious at their Southend home. He is taken to hospital with traumatic head injuries.
  • April 26: Barts NHS Trust say they think it is "highly likely" the youngster is dead and begin High Court proceedings to do a brain stem test and withdraw care. Ms Dance and Mr Battersbee raise concerns.
  • May 16: A nerve stimulation test is carried out. There is no response.
  • June 13: A High Court judge rules Archie is dead and says doctors can stop treating him. A week later Archie's parents are granted permission to appeal.
  • July 15: Another judge agrees with the NHS Trust, saying medical evidence was "compelling and unanimous" and and that there is "no hope at all of recovery". This order includes a stipulation that Archie must remain at The Royal London Hospital while care is withdrawn.
  • July 25: Three judges at the Court of Appeal rule doctors can lawfully stop providing life support treatment. Three days later the family fail to persuade the Supreme Court to intervene.
  • July 29: The family appeal to a UN committee to step in.
  • July 31: The Royal London says Archie's treatment will be withdrawn on August 1 at 2pm - but the Court of Appeal grants a hearing for 11am on the same day after the UN committee asked treatment to be continued while it examined the case.
  • August 1: The Court of Appeal rejects the UN request and says Archie's treatment will end at midday on August 2.
  • August 2: Archie's parents are refused permission to appeal to the ruling at the Supreme Court, and are told care will begin to be withdrawn at 11am on August 3 unless the family submit an application to the European Court of Human Rights by 9am on that day - which they do.
  • August 3: The European Court refuses the application and Archie's family change tack, saying they will ask the High Court to allow him to be moved to a hospice. They formally lodge High Court proceedings on August 4.
  • August 4: The High Court refuses a bid to have Archie moved to a hospice.