Archie Battersbee: Family blocked from appealing court ruling

The Battersbee family have tried every possible option to keep their son on life support (Image: PA)

The Battersbee family have tried every possible option to keep their son on life support (Image: PA)

Archie Battersbee’s parents have been told they cannot appeal a Supreme Court ruling refusing to place their son in a hospice to die.

However, they now intend to continue their fight by taking the dispute to the European Court of Human Rights (ECtHR).

The parents of the 12-year-old boy today applied to the Court of Appeal to remove him from the Royal London Hospital.

His mother, Hollie Dance, said the family should be allowed to choose where he spent his “final moments,” saying they have “no privacy” where he is now.

It came after they lost a High Court offer to move him to a hospice before his life support treatment is withdrawn.

However, medical experts said there was a “significant risk” that he could die during the trip.

The Court of Appeal confirmed just after 6.30pm tonight that the appeal had been denied.

His parents have fought a long-running legal battle to have his treatment withdrawn, which finally collapsed on Wednesday when the European Court of Human Rights refused to intervene.


Archie’s mum Hollie Dance has refused to give up her boy (Image: PA)

Her focus then shifted to trying to get her son into hospice, but in a High Court ruling this morning, Ms Justice Theis concluded it was not in Archie’s best interests to be moved.

Now the family are going back to the ECtHR, this time to challenge this morning’s High Court ruling.

They argue there has been a violation of Articles Six and Eight of the European Convention on Human Rights, campaign group Christian Concern said.

Article six is ​​the right to a fair trial and article eight is the right to respect for private and family life.

Christian Concern said Archie’s family have been told his life support treatment will be discontinued at 10am tomorrow.

However, Barts Health NHS Trust has said its position remains the same in that no changes will be made to Archie’s care “until the outstanding legal issues are resolved”.

Archie was in hospital after his mother was found unconscious at their family home in Southend, Essex, in April.

His mother, Hollie Dance, believes he sustained a brain injury after completing an online challenge.

Archie is being kept alive through a combination of medical interventions, including ventilation and medication, at the Royal London Hospital in Whitechapel, east London.

Doctors treating the boy believe he is “brain dead” and will not recover, but his parents disagree.

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Justin Scacco

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