Archie Battersbee’s parents have filed a petition with the European Court of Human Rights (ECHR) to delay the removal of his life support.
Since April, the 12-year-old has been receiving life-sustaining treatment, which was scheduled to be discontinued later.
Tuesday, the Supreme Court rejected an appeal against the decision to discontinue therapy.
Archie’s mother expressed relief that a new application was submitted.
Hollie Dance said: “We are quite relieved, as we have to fight the hospital over every choice.
“We now hope and pray that the ECHR will see the application favorably. We will fight for Archie till the very end.”
The family stated that they were given till 9:00 BST to apply to the hospital treating Archie.
On April 7, he was discovered unconscious at his house in Southend-on-Sea, Essex.
He has never regained consciousness, and his mother believes he sustained a brain injury while participating in an online competition.
Previously, the Court of Appeal determined that his life-sustaining treatment could not continue past Tuesday at noon.
However, this was delayed when the Supreme Court heard the parents of Archie’s appeal.
The family had sought the court to determine if the United Nations Committee on the Rights of Persons with Disabilities should be allowed additional time to review the matter.
However, it stated that the Court of Appeal “made the correct decision.”
According to Archie’s treating physicians, he is “very likely” to be brain-dead, and it is in his best interest for life support to be discontinued.
A prior High Court judgment stated that “every physical function [of Archie’s] is now maintained by artificial means” and that he had “never regained consciousness.”
Archie Battersbee: My mother thinks that life support could be disconnected on Wednesday.
Wednesday morning, Archie Battersbee’s life support will begin to be discontinued, according to his mother.
The Supreme Court denied the family’s appeal against the decision to discontinue his therapy on Tuesday.
Hollie Dance stated that her son’s treatment would cease if no application was submitted to the European Court of Human Rights by Wednesday at 9:00 BST.
On April 7, 12-year-old Archie was discovered unconscious at his home in Southend, Essex.
He has never regained consciousness, and his mother believes he sustained a brain injury while participating in an online competition.
Ms. Dance stated in a statement, “We wish to submit an urgent application to the European Court of Human Rights (ECHR), but the trust requires it to be submitted by 9:00 BST, leaving us and our attorneys with no time to prepare.
She stated that Archie’s life support will be stopped at 11 a.m. if a timely application is not presented to the ECHR.
The Christian Legal Centre, which has been assisting Archie’s parents in their legal case, stated that its team would apply to the court by 9:00 a.m. “to give Archie more time.”
Ms. Dance stated following the Supreme Court’s ruling that she would “fight to the bitter end.”
She remarked, “I hope I’ve paved the door for other parents who wish to challenge a trust in this country and the legal system.”
Ms. Dance opined that the method for determining treatment alternatives when there is a conflict between families and hospital trusts “need radical revision.”
Barts NHS Health Trust, which operates the Royal London Hospital in east London, where Archie is receiving treatment, stated that it will continue to “work with the family to prepare for the termination of treatment.”
Before Tuesday at noon, the Court of Appeal ordered that the 12-year-life-sustaining old’s therapy should be discontinued.
However, this was delayed until the Supreme Court heard the parents of Archie’s application.
The family had sought the court to determine if the United Nations Committee on the Rights of Persons with Disabilities (UN CRPD) should be given extra time to examine the matter.
However, it stated that the Court of Appeal “made the correct decision.”
The court stated that it was “not obvious that Archie has any additional rights under international law” and that the decision to cease treatment did not constitute a “violation of international law.”
The decision stated, “The panel reaches this conclusion with a sorrowful heart.”
President of the Family Division Sir Andrew McFarlane, Lady Justice King, and Lord Justice Moylan had ordered a short delay in the withdrawal of life-sustaining medications until Tuesday so that Archie’s parents may examine any additional petitions.
Sir Andrew stated at the hearing, “In short, his system, organs, and eventually his heart are in the process of shutting down.”
According to his treating physicians, he is “very probable” brain-dead, and it is in his best interest to discontinue life support.
According to a prior High Court judgment, Archie’s “every physical function is now maintained by artificial means,” and according to another, Archie has never regained consciousness.
Last month, specialists informed the court that they did not believe the continued treatment was in his best interests.
The chief medical officer of Barts Health NHS Trust, Alistair Chesser, stated: “We extend our heartfelt condolences to Archie’s family.
“We will now work with the family to prepare for the discontinuation of therapy, as directed by the court.
We intend to provide everyone with the best possible support during this difficult period.
In response to Archie’s case, the Christian Legal Centre has advocated for “systematic change” of the law.
Chief executive officer Andrea Williams stated, “The system must be reformed by altering the law. Archie’s case fills the void.
“The precedent set by his case can go a very long way toward repairing a system with no room for error.”
