Doctors can switch off life support for Archie Battersbee, High Court rules

15 July 2022, 11:45 | Updated: 15 July 2022, 14:57

Doctors can lawfully stop providing life-support treatment to 12-year-old Archie Battersbee after reviewing evidence at a hearing in London, a High Court has ruled.

The 12-year-old's parents - Hollie Dance and Paul Battersbee - had their case reviewed after another High Court judge had earlier ruled that Archie was dead.

Archie has been unconscious since 7 April, when he was found by his Mum with a ligature over his head. Mrs Dance thinks he might have been taking part in an online challenge.

Mr Justice Hayden, who reviewed evidence at a hearing in the Family Division of the High Court earlier this week, on Friday concluded that ending treatment was in Archie's best interests.

He described what had happened to Archie as a "tragedy of immeasurable dimensions".

Mr Justice Hayden said medical evidence was "compelling and unanimous", and painted a "bleak" picture.

Read more: Archie Battersbee 'has no prospect of recovery', hospital lawyers tell court

Read more: Archie Battersbee's family given right to appeal over ruling that life support should end

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".

"Archie's mother described him as a fighter and I have no doubt he was," said Mr Justice Hayden.

"But the fight, if it can properly be characterised as such, is no longer in Archie's control.

"The damage to his brain has deprived him of any bodily autonomy.

"Eventually Archie's organs will fail and ultimately his heart will stop."

Archie Battersbee family statement

Mr Justice Hayden went on to say: "This court has to ask itself whether continuation of ventilation in this case is in Archie's best interests.

"It is with the most profound regret, but on the most compelling of evidence, that I am driven to conclude that it is not.

"Accordingly, the court cannot authorise or declare lawful the continuation of this present treatment. "

He added: "Having come to this conclusion, there emerges the prospect of an end to Archie's life, which reverberates more closely with the way he lived in the past.

"Arrangements can be made... that afford Archie the opportunity for him to die in peaceful circumstances and in the embrace of the family he loved."

Archie's parents confirmed that they intended to challenge Mr Justice Hayden's ruling in the Court of Appeal.

Ms Dance said Mr Justice Hayden's ruling was a "crushing blow".

"With all due respect to Mr Justice Hayden, it is not in Archie's best interests to die," she added, outside court.

"The planned removal of the ventilator is definitely the worst thing that may happen from my point of view. I cannot see how this is in any way dignified.

"We disagree with the idea of dignity in death. Enforcing it on us and hastening his death for that purpose is profoundly cruel.

"It is for God to decide what should happen to Archie, including if, when and how he should die.

"As long as Archie is fighting for his life, I cannot betray him.

"Until Archie gives up, I won't give up.

"I am living every parent's worst nightmare."