Tuesday at noon, the Court of Appeal refused to delay the removal of life-sustaining treatment for 12-year-old Archie Battersbee.
The parents of brain-damaged Archie Battersbee said they will appeal a decision not to delay the termination of life-sustaining treatment.
The Court of Appeal refused to delay the termination of life support for the 12-year-old beyond Tuesday at noon, rejecting a last-ditch effort by a United Nations committee.
Monday at 2:00 p.m., Archie, who has been on life support since April after his mother discovered him unconscious at home in Southend, Essex, was scheduled to have treatment removed.
However, after the United Nations and the government intervened, the Court of Appeal resumed hearings at 11 a.m.
The judges denied authorization for an appeal to the Supreme Court against their verdict.
However, speaking outside the hospital in London where Archie is being treated, his mother Hollie Dance stated that the family will file an appeal with the highest court in the United Kingdom.
Standing with the child’s father, Paul Battersbee, after the Court of Appeal’s verdict, she declared, “We promised Archie that we would fight until the end. And Archie continues to battle.
We shall apply to the Supreme Court even if tomorrow is the last day.
Ms. Dance stated that she felt “very deflated” and told that she was “quite dissatisfied with the court system.”
“I don’t believe any parent should have to go through this; reform must be made and examined closely. It is not acceptable that parents have had their rights and decisions stripped away by the court system.
She described the months of court proceedings against Barts Health NHS Trust as “very draining.
The family of Archie claims the NHS failed him.
Ms. Dance further stated that her son was “let down” by the British healthcare system.
“In our country, there are no alternatives: either Archie is conscious or he dies. In foreign nations, so many alternatives exist. There are numerous options available for stem cell therapy.
“In the United Kingdom, your child will be executed and that’s it. It is filthy and disappointing.”
Doctors at the Royal London Hospital in Whitechapel, east London, have determined that Archie is brain-dead and that it is not in his best interests to continue life-support treatment.
Alistair Chesser, the chief medical officer at Barts Health NHS Trust, expressed his condolences to Archie’s family during this difficult time.
No changes will be made to Archie’s care while the family appeals to the Supreme Court; nevertheless, we will prepare to stop therapy after noon on Tuesday unless otherwise instructed.
Friday, the UN’s Committee on the Rights of Persons With Disabilities requested that the British government prevent Archie’s life support from being stopped until it could consider the issue.
The government’s legal department then penned a letter on behalf of Health Secretary Steve Barclay on Sunday, requesting that the courts consider the committee’s request immediately.
Sir Andrew McFarlane, sitting with Lady Justice King and Lord Justice Moylan in the Court of Appeal, stated that the Convention on the Rights of Persons with Disabilities, the basis for the UN committee’s proposal, is an “unincorporated international convention.”
He stated, “It is not part of British law, and it is inappropriate for this court to apply an unincorporated international convention in its decision-making process.”
“Every day that (Archie) continues to receive life-sustaining therapy is against his best interests,” he continued. “Therefore, even a brief stay is against his best interests.”
The judge stated that this is the ruling made by the courts of England and Wales.
Sir Andrew described Archie’s condition as “grave” because “his system, his organs, and finally his heart are shutting down.
On April 7, Ms. Dance discovered her son unconscious with a ligature over his head; she suspects he participated in an online challenge.
