Archie Battersbee's mum slams 'execution' as 12-year-old's life support to be stopped today

2 August 2022, 16:36 | Updated: 3 August 2022, 00:14

Archie Battersbee's parents lose Supreme Court bid
Archie Battersbee's parents lose Supreme Court bid. Picture: Alamy

By Megan Hinton

Archie Battersbee's parents have said they will submit one final bid to postpone the withdrawal of his life support, as they slammed the "cruel" hospital for giving up on their son.

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On Tuesday evening, Ms Dance said Barts Health NHS Trust will begin to withdraw the 12-year-old's life support on Wednesday at 11am unless the family has submitted an application to the European Court of Human Rights by 9am.

Ms Dance told the PA news agency: "Our solicitors will be filing to the European Court of Human Rights. They've been given a strict timeline of 9am. Again, no time whatsoever.

"Every single court case we've had we've had no time at all, one or two days to prepare and get the whole case together."

She said that their legal team described the attitude of the hospital as "brutal" and had claimed he had been refused a hospice.

"Heartbreakingly, the hospital trust have told us this evening that we cannot move Archie to a hospice," said Hollie Dance.

"We want to make an urgent application to the European Court of Human Rights, but the trust are saying that that has to be submitted at 9am, which gives us and our lawyers no time to prepare it.

"They also demand to see a copy of it, which they have no right to see.

"However if this does not happen, they say they will withdraw treatment tomorrow morning at 11am.

"This is cruel and we are absolutely appalled."

Ms Dance has confirmed their legal team plan to submit another application to the ECHR by tomorrow morning.

Read more: Archie Battersbee's family take fight to Supreme Court just before life support was due to end

Archie Battersbee’s parents lose Supreme Court bid to delay treatment withdrawal

On Tuesday evening Archie's parents lost a Supreme Court bid to block the withdrawal of his life-sustaining treatment pending a review of his case by a UN committee.

In the ruling, the Supreme Court said: "Even if life-sustaining treatment were to be maintained, Archie would die in the course of the next few weeks through organ failure and then heart failure."

It continued: "For reasons that are sadly all too clear, that it was not in Archie’s best interests or in accordance with his welfare that he continues to receive life-sustaining treatment".

The court said they reached the conclusion "with a heavy heart" and extended their "deep sympathy to Archie’s parents at this very sad time" adding that they have "great sympathy with the plight of Archie's devoted parents who face a circumstance that is every parent's nightmare - the loss of a much-loved child".

Read more: Tearful Archie Battersbee's mum vows to 'fight to the end' to keep son alive as judge rejects plea

Archie's mother has said she and Archie's father are "extremely disappointed" with the Supreme Court's decision.

She said: "I will continue to fight right until the bitter end. Is that the way forward in this country then we're allowed to execute children because they've got disabilities? What next?"

Archie Battersbee’s parents: We made a promise to him

She said Archie has been "let down" by the legal system.

Alistair Chesser, Chief Medical Officer for Barts Health NHS Trust, said: "Our deepest sympathies remain with Archie's family. As directed by the courts, we will now work with the family to prepare for the withdrawal of treatment. We aim to provide the best possible support to everyone at this difficult time."

Archie was found unconscious at his home by his mother on April 7 and has not regained consciousness since.

Ms Dance believes he was taking part in an online challenge.

Battserbee: doctor and family relationships have 'broken down'

Read more: Mum of Archie Battersbee urges Health Sec to 'act immediately' to keep her son alive

The High Court previously ruled Archie's treatment should end as he was "brain-stem dead".

The Court of Appeal upheld the decision and the Supreme Court refused to give the family more time to fight.

Ms Dance said earlier on Tuesday: "We are having to battle over every decision with the hospital.

"There is nothing dignified in how we are being treated as a family in this situation. We do not understand what the rush is and why all of our wishes are being denied.

"I know Archie's still with us. Archie's showing very different signs to what the clinicians are actually putting over to the courts.

Archie, 12, is on life support
Archie, 12, is on life support. Picture: Alamy

"He's very much there, he's progressing in so many ways."

On Tuesday morning a friend of the family said they want the 12-year-old to be moved to a hospice if his life support is to be cut off.

Speaking ahead of the ruling Ella Carter said the "seven or eight" security guards around his room made for a chaotic environment.

Holly Dance and her son Archie Battersbee, who has been at the centre of a High Court life-support treatment dispute after suffering brain damage
Holly Dance and her son Archie Battersbee, who has been at the centre of a High Court life-support treatment dispute after suffering brain damage. Picture: Facebook

"If this is Archie's last couple of days it needs to be peaceful and it needs to be a calm atmosphere, and it's the complete opposite really," she said.

"We would really like it to be in a hospice - I mean that's exactly what they're designed for, they're so well-equipped to deal with situations like this.

"If the trust can work with us and co-operate with us in working towards getting him in a hospice we would be forever grateful for that."

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