The Court of Appeal today rejected a bid by the parents of Archie Battersbee to block the withdrawal of his life-sustaining treatment – meaning it could be switched off at midday tomorrow.
Judges ruled it was not in the 12-year-old’s best interests for him to remain on a hospital ventilator, but said his parents could still decide to take his case to the Supreme Court.
His parents Hollie Dance and Paul Battersbee made a last-ditch application to the United Nations (UN) Committee on the Rights of Persons with Disabilities last week after they had exhausted all their options in the British courts.
The youngster was due to have his life-support at the Royal London Hospital in east London ended at 2pm today, but the UN committee asked the UK government to prevent this from happening until it had considered his case.
The Government’s legal department then wrote an urgent letter on Sunday on behalf of Health Secretary Steve Barclay, asking the courts to urgently consider the committee’s request.
In its ruling today, Appeal judges l refused to prevent doctors from removing Archie’s life support but granted a short delay until midday tomorrow, at which point his ventilator can be switched off.
Archie’s parents may now ask Supreme Court justices to consider their application for permission to appeal directly.
Earlier today, Ms Dance said the family has had ‘no support whatsoever’ from Archie’s carers Barts Health NHS Trust.
‘I know they come across to the media as supportive and compassionate. It’s very much the opposite. It’s very misleading,’ she told Sky News.
Ms Dance said she was handed a letter on Saturday night outlining Archie’s ‘choreographed execution’. ‘There was no meeting, sat down and broken to gently,’ she said.
Archie, of Southend-On-Sea, Essex, suffered brain damage at home on April 7 and is in coma. Medics say he is ‘brain dead’

Doctors have been given permission to turn off Archie’s life support machine, but his parents are trying to continue the fight to keep him alive. Pictured is Archie in hospital

Earlier today, Ms Dance said the family has had ‘no support whatsoever’ from Archie’s carers Barts Health NHS Trust
In written submissions to the court, Edward Devereux QC, acting for Ms Dance and Mr Battersbee, argued the UN’s request to keep Archie’s ventilator turned on was ‘binding’ under international law.
He argued that any failure to abide by the committee’s request, made in accordance with the UN Convention on the Rights of People with Disabilities which was signed and ratified by the UK in 2008 and 2009, would amount to a ‘flagrant, egregious and unacceptable breach of international law’.
Mr Devereux asked the court to grant a stay to prevent the withdrawal of life-sustaining treatment until after the committee has had time to consider Archie’s case, but said he did not know how long that would take.
As an alternative, he asked the court to grant a stay within the next week to give time to seek more information from the committee as to the likely timescale for its decision.
But Sir Andrew McFarlane, sitting with Lady Justice King and Lord Justice Moylan, today rejected Mr Devereux’s argument.
He said today: ‘My decision is that, save for granting a short stay until 12 noon tomorrow, the parents’ application for any further stay is dismissed.’
The judge said the Convention on the Rights of Persons with Disabilities, which the UN committee based its request on, is an ‘unincorporated international treaty’.
He said: ‘It is not part of the law of the United Kingdom … and it is not appropriate for this court to apply an unincorporated international treaty into its decision-making process.’
He added: ‘Every day that (Archie) continues to be given life-sustaining treatment is contrary to his best interests and, so, a stay, even for a short time, is against his best interests.’
The judge said that was the decision that has been taken in the courts of England and Wales.
The court adjourned briefly to allow lawyers representing Archie’s parents to take instructions from them about a possible bid to ask the Supreme Court for permission to appeal against the decision.
Sir Andrew referred to the medical evidence before Mr Justice Hayden, who ruled on July 15 that Archie’s life-sustaining treatment should be withdrawn.
The judge said: ‘In short, his system, his organs and, ultimately, his heart are in the process of closing down. The options before the court have always been stark.’
Sir Andrew said the options before the courts on previous occasions were either that treatment was withdrawn immediately, resulting in Archie’s death a short while later, or the option favoured by his parents that he would die at some time in the coming weeks – in their words at a time ‘chosen by God’.

The letter from the NHS Trust to Archie’s parents, shared with MailOnline with their permission

The court adjourned briefly today to allow lawyers representing Archie’s parents to take instructions from them about a possible bid to ask the Supreme Court for permission to appeal against the decision
Bruno Quintavalle, also representing Archie’s parents at the hearing, said it is ‘very unfortunate’ that the Government has chosen not to play any part in the proceedings.
However, Fiona Paterson, representing Barts Health NHS Trust, said the Government has chosen ‘not to make submissions but instead effectively to seek the court’s guidance’.
She told the court there is a ‘commendable logic’ in that decision given that the court has all of the information necessary, having considered the case previously.
She said the UN committee’s request is not binding and added that the matter can be determined by the court and that no further participation of the Government is necessary.
Claire Watson QC, for Archie’s guardian – an independent adviser appointed to represent him – said there has been no change to the guardian’s view that, in light of the youngster’s ‘parlous’ condition, it is no longer in his best interests for treatment to continue.
Ms Watson also said, in written submissions, that there would be no breach of law by refusing the committee’s request, adding: ‘The UN committee’s request to the UK Government to refrain from withdrawing life-preserving medical treatment is purely a request.
‘The request is not enforceable and, if not acceded to, the consequences for the state party would be criticism and moral censure by the UN committee, and potentially wider international criticism for frustrating the function of the committee.’

In their letter Archie’s parents Ms Dance and Mr Battersbee plead with Health Secretary Steve Barclay to intervene to prevent the ‘extraordinary cruelty’ of ending their son’s life


Archie has not regained consciousness after he was found unresponsive with a ligature around his neck at his home in Southend, Essex on April 7. He is thought to have been taking part in a social media challenge
The trust wrote to the family over the weekend to inform them it intended to end treatment on Monday afternoon, but the Government then referred the UN’s request to the court for ‘urgent consideration’ on Sunday.
In its letter, the UN committee said it had ‘requested the state party to refrain from withdrawing life-preserving medical treatment, including mechanical ventilation and artificial nutrition and hydration’ from Archie while his case was under its consideration.
Archie’s parents are being supported by campaign organisation the Christian Legal Centre.
The trust previously said in a letter to Ms Dance and Mr Battersbee, who are separated but both live in Southend, Essex, that the withdrawal process will aim to ‘preserve Archie’s dignity’.
The trust said in the letter: ‘We understand that any discussions around the withdrawal of Archie’s treatment are very difficult and painful.
‘However, we want to ensure that you and your family are involved as much as you wish to be.’
It added: ‘You or any of the family may wish to lie on Archie’s bed with him or have him in your arms, if that should be practically possible.’

Archie with his mother Hollie Dance (left), brother Tom Summers and sister Lauren Summers
Ms Dance said this would amount to ‘extraordinary cruelty’ and a ‘flagrant breach of Archie’s rights as a disabled person’.
She said: ‘Archie is entitled to have the decisions about his life and death, taken by the NHS and UK courts, to be scrutinised by an international human rights body.
‘Hastening his death to prevent that would be completely unacceptable.’
Judges heard that Ms Dance found Archie unconscious with a ligature over his head on April 7, after she believes he took part in an online challenge.
Doctors believe Archie is brain-stem dead and say continued life-support treatment is not in his best interests.
A spokesman for the Department of Health and Social Care said: ‘We recognise this is an exceptionally difficult time for Archie Battersbee’s family and our thoughts are with them.
‘The Government asked the High Court to urgently consider the request from the UN Committee on the Rights of Persons with Disabilities.’
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