Archie Battersbee’s parents turn to European Court of Human Rights

Archie Battersbee’s parents have announced they will submit an application to the European Court of Human Rights to delay the removal of his life support.

The 12-year-old has been in a coma since his mother found him unconscious in April and is currently being kept alive through a combination of medical interventions, including ventilation and drug treatment, at the Royal London Hospital in Whitechapel, east London.

His parents, Hollie Dance and Paul Battersbee, were granted an appeals court hearing on Monday after the government asked judges to urgently consider a request from a UN committee to keep Archie on trial while it considers his case.


Archie Battersbee is pictured before his injury (Image: Hollie Dance/PA)

However, after reviewing the matter, three judges refused to delay the removal of life support beyond noon Tuesday.

They also refused to allow an appeal of their decision to the Supreme Court.

Ms Dance and Mr Battersbee lodged an application directly with the Supreme Court, asking that his treatment continue so that the UN Committee on the Rights of Persons with Disabilities (UNCRPD) would have time to consider their complaint filed last week.

However, a panel of three judges refused leave to appeal, concluding that the Court of Appeals “made the right decision”.

On Tuesday night, Ms Dance said Barts Health NHS Trust would remove Archie’s life support by 11am on Wednesday unless the family lodged an application with the European Court of Human Rights by 9am.

Ms Dance told the PA news agency: “Our lawyers will make an application to the European Court of Human Rights. They’ve been given a strict 9am schedule. Again no time.

“Every single court case we’ve had, we haven’t had time at all, a day or two, to prepare and get the entire case together.”

She said her legal team called the hospital’s attitude “brutal” and claimed it had been denied hospice care.

The Supreme Court justices said they had “great sympathy” for Archie’s parents but added that there was “no prospect of a meaningful recovery”.

Barts Health NHS Trust Chief Medical Officer Alistair Chesser said: “Our deepest condolences go out to Archie’s family.

“As directed by the courts, we will now work with the family to prepare for treatment termination.

“We want to give everyone the best possible support during this difficult time.”

Archie was found unconscious at his home by his mother on April 7 and has not regained consciousness since. She thinks he took part in an online challenge. Archie Battersbee’s parents turn to European Court of Human Rights

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