Archie Battersbee's parents to appeal against turning off life support

Archie Battersbee’s parents prepare for next stage of legal battle and will ask Court of Appeal judges on THURSDAY to overturn High Court ruling that doctors can turn off 12-year-old’s life support treatment

• High Court ruled doctors can switch off ‘brain-stem dead’ Archie’s life support
• Mother Hollie Dance, 46, said today that appeal will be considered this week
• Mr Justice Hayden said on Friday there was ‘no hope at all of recovery’ for Archie
• Ms Dance said ‘Archie would want us to keep on fighting,’ as she continues fight

The parents of ‘catastrophically’ brain damaged Archie Battersbee will appeal on Thursday against a High Court ruling that doctors can turn off his life-support treatment.

The 12-year-old’s mother, Hollie Dance, from Southend, Essex says she and his father, Paul Battersbee, will ask Court of Appeal judges to overturn Mr Justice Hayden’s ruling later this week as they now prepare for the next stage of a legal fight.

Ms Dance, 46, said today that appeal judges will consider Archie’s case at a Court of Appeal hearing in London this Thursday, July 21.

A court official confirmed the listing.

‘Archie would want us to keep on fighting,’ Archie’s mother said after the High Court ruling on Friday, July 15.

‘And we will keep on fighting. We will appeal.’

Archie (pictured in hospital) suffered a devastating brain injury three months ago and doctors treating him say that continued treatment is not in his best interests and should end

Archie’s mother Hollie Dance (second-from-left), 46, today said that appeal judges will consider Archie’s case from her and his father , Paul Battersbee (second-from-right), at a Court of Appeal hearing in London this Thursday, July 21

Mr Justice Hayden described what happened to Archie, who doctors have said is ‘brain-stem dead’ as a ‘tragedy of immeasurable dimensions’.

Archie’s father Paul Battersbee, who is separated from Ms Dance, told Mr Justice Hayden that Archie would ‘not want to leave’ his mother.

He said on Friday: ‘There have been too many battles in too short a space of time.

‘He needs more time. We’ll try to appeal. Who knows?’

But the judge, who delivered a ruling on Friday after reviewing evidence at a hearing in the Family Division of the High Court in London, said medical evidence was ‘compelling and unanimous’ and painted a ‘bleak’ picture.

Mr Justice Hayden heard how Ms Dance found Archie unconscious with a ligature – material used to tie something in surgery – over his head on April 7.

Ms Dance thinks her son may have been taking part in an online challenge.

The youngster has not regained consciousness.

Doctors treating Archie at the Royal London Hospital in Whitechapel, east London, think he is ‘brain-stem dead’ and say continued life support treatment is not in his best interests.

Archie’s parents disagree and say his heart is beating.

They are being supported by the campaign group Christian Legal Centre.

Lawyers representing the Royal London Hospital’s governing trust, Barts Health NHS Trust, had asked for decisions about what medical moves are in Archie’s best interests.

Another High Court judge, Mrs Justice Arbuthnot, initially considered the case.

She concluded, after an earlier hearing, that Archie is dead.

But Court of Appeal judges upheld a challenge by Archie’s parents against decisions taken by Mrs Justice Arbuthnot and said the evidence should be reviewed.

Mr Justice Hayden said evidence shows Archie suffered a ‘significant injury’ to ‘multiple areas’ of his brain and has not ‘regained awareness at any time’.

Ms Dance found Archie (pictured) unconscious with a ligature over his head on April 7. His mother believed he had been taking part in an online challenge and he has not yet awoken in hospital. ‘Archie’s mother described him as a fighter and I have no doubt he was,’ said Mr Justice Hayden on Friday

Archie’s father Paul Battersbee (pictured), who also lives in Southend but is separated from Ms Dance, told Mr Justice Hayden that Archie would ‘not want to leave’ his mother

‘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.’

Mr Justice Hayden said the reality of Archie’s case is ‘terrible’.

‘There is unfortunately no treatment possible to reverse the damage that has been caused to Archie’s brain,’ he said.

‘There can be no hope at all of recovery.’

The judge said he reached his conclusion with ‘profound regret’.

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