Archie Battersbee’s life support is expected to be switched off Tuesday after the appeals court rejected a last-minute offer to delay the end of his treatment.
The 12-year-old’s parents, Hollie Dance and Paul Battersbee, were granted a hearing on Monday after the government asked judges to urgently consider a request from a UN committee to give Archie further treatment.
But after reviewing the case, judges refused to delay the removal of life support beyond noon Tuesday.
They also refused to allow an appeal against their judgment to the Supreme Court, the UK’s highest court.
Ms Dance has indicated that she and Mr Battersbee will petition for Supreme Court Justices to consider her request for leave to appeal.
Archie’s treatment was due to end at 2pm on Monday at the Royal London Hospital in Whitechapel.
This comes after a High Court judge previously ruled it was in his best interests to do so and the family had exhausted all legal remedies.
But that was delayed because the UN committee issued a call to the UK government on Friday, urging them not to take him off life support while his case is under review by the committee.
However, Sir Andrew McFarlane said on Monday the Convention on the Rights of Persons with Disabilities under which the UN committee made its application was an “unincorporated international agreement”.
Sir Andrew said: “It is not part of UK law … and it is not appropriate for this court to bring an unincorporated international treaty into its decision-making process.”
He added: “Any day that (Archie) remains on life support is against his best interest and therefore staying in, even for a short time, is against his best interest.”
The judge said that was the decision taken in the courts of England and Wales.
Ms Dance said after the verdict that she “remained shocked and traumatized by the brutality of the UK courts and the Hospital Trust” and vowed to “keep fighting for Archie”.
Barts Health NHS Trust Chief Medical Officer Alistair Chesser said: “Our heartfelt sympathy and condolences go out to Archie’s family at this difficult time.
“We are following the guidance of the courts, so no changes will be made to Archie’s care pending the family’s appeal to the Supreme Court, although we prepare to cease treatment after noon unless otherwise directed.”
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.
https://www.belfasttelegraph.co.uk/news/uk/archie-battersbees-treatment-set-to-be-withdrawn-41883509.html Archie Battersbee’s treatment set to be withdrawn