The 12-year-old boy’s family want him to be moved to a hospice for his “last moments”.
Image source, Hollie DanceThe European Court of Human Rights (ECHR) has refused an application from Archie Battersbee’s parents to postpone the withdrawal of his life support.
Life-sustaining treatment for the 12-year-old has been in place since April and was due to be withdrawn earlier.
The family applied to the the ECHR after an appeal against the decision to end treatment was refused by the Supreme Court on Tuesday.
But the ECHR said it “would not interfere” with the UK courts’ rulings.
Archie’s mother Hollie Dance said the court’s decision was “another heart-breaking development”.
The 12-year-old was found unconscious at home in Southend-on-Sea, Essex, on 7 April – his mother believes he may have been taking part in an online challenge at the time.
Barts NHS Health Trust, which runs the Royal London Hospital where Archie has been cared for since April, said changes to his treatment would not be made until legal issues were resolved.
Doctors said it was “highly likely” he was brain-stem dead with no chance of recovery and it was in his best interest for life support to end.
A High Court judge previously said continuing treatment was “futile”.
‘Fight to the end’
The ECHR ruling said it would not grant an interim measure to continue treatment and declared Archie’s parents’ complaints “inadmissible”.
The court would only grant such requests “on an exceptional basis” and “when the applicants would otherwise face a real risk of irreversible harm”, it added.
Archie’s parents had argued the plan to withdraw treatment and ignore the concerns of a UN committee would breach a range of human rights safeguards, including right to life and right to a fair trial or hearing.
But the ECHR said it “considered the conditions of admissibility…were not fulfilled”.
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Following the ECHR ruling, Ms Dance said: “The NHS, the government and the courts in this country and Europe may have given up on treating him, but we have not.
“We will fight to the end for Archie’s right to live.”
Ms Dance said she had received offers to care for her son from health providers in two other countries – Japan and Italy.
“If this country can’t treat him or they’re not willing to treat him, where is the harm in allowing him to go to another country?” she said.
But Prof Alastair Sutcliffe, Professor of General Paediatrics at UCL, said: “The UK is a world leader in health care and indeed the research behind therapies.
“I am confident no stone has been unturned with regards to treatment, and evidently there is not one. Alas.”
Image source, Hollie Dance
Before the ECHR ruling was announced, Alistair Chesser, chief medical officer for Barts Health NHS Trust, said: “Our deepest sympathies remain with Archie’s family and we aim to provide the best possible support to everyone at this difficult time.
“As directed by the courts, we will work with the family to prepare for the withdrawal of treatment, but we will make no changes to Archie’s care until the outstanding legal issues are resolved.”
Court of Appeal judges had previously ruled his life-sustaining treatment should not continue beyond 12:00 on Tuesday.
Image source, PA Media
But this was delayed while the Supreme Court heard an appeal application from Archie’s parents.
The family had asked that court to assess whether more time should be given for the United Nations Committee on the Rights of Persons with Disabilities to look at the case.
But it said the Court of Appeal had “made the correct decision”.
A previous High Court ruling heard “every bodily function [of Archie’s] is now maintained by artificial means”, while another heard he had not “regained awareness at any time”.
Timeline: How the story unfolded
7 April 2022
Archie is found unconscious by his mother after an incident at their home in Essex. He is taken to Southend Hospital.
8 April
Archie is transferred to The Royal London Hospital in Whitechapel where he has been treated ever since.
26 April
The NHS trust that runs the Royal London starts High Court proceedings asking for Archie to undergo brain stem testing.
13 May
Mrs Justice Arbuthnot rules that brain stem testing should be carried out.
16 May
Two specialists try to administer brain stem function tests, but they are unable to as Archie did not respond to a peripheral nerve stimulation test, a precursor to the brain stem test.
25 May
A hearing is held to decide if further MRI scans should be conducted. Archie’s parents did not consent on the basis that moving Archie could harm him.
27 May
The court approves further MRI scans, which are carried out on 31 May.
6-8 June
A final hearing is held to hear evidence on whether Archie’s life-support treatment should continue.
13 June
The High Court judge rules that Archie is “dead” based on MRI scan results and that treatment could be withdrawn.
20 June
The family ask the Court of Appeal to reconsider the case.
29 June
The Court of Appeal says that a new hearing to determine Archie’s best interests should take place.
11 July
A new hearing is held in the High Court with evidence given before Mr Justice Hayden.
15 July
Mr Justice Hayden rules that life-support treatment should end, saying continuing it is “futile”.
25 July
Three Court of Appeal judges support the High Court ruling that treatment can end.
28 July
The Supreme Court rules out intervening in the case and supports the Court of Appeal ruling.
29 July
The family make an application to the United Nations.
30 July
A UN Committee writes to the UK government asking for a delay in withdrawing treatment while they consider the case.
31 July
The government asks for an urgent hearing to review the case.
1 August
The Court of Appeal refuses to postpone withdrawal of treatment until the UN can hear the case.
2 August
The Supreme Court refuse the family’s application for permission to appeal the Court of Appeal ruling.
3 August
The family submit an application to the European Court of Human Rights in a bid to postpone the withdrawal of Archie’s life support.
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