Rabu, 03 Agustus 2022

Archie Battersbee: Parents take case to European Court of Human Rights - BBC

Archie BattersbeeHollie Dance

Archie Battersbee's parents have submitted an application to the European Court of Human Rights (ECHR) in a bid 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Life-sustaining treatment for the 12-year-old has been in place since April and was due to be withdrawn earlier.

It will continue while the ECHR considers the case.

An appeal against the decision to end treatment was refused by the Supreme Court on Tuesday.

Archie's mother, Hollie Dance, said she was "relieved" the new application was made.

Archie 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 say it is "highly likely" he is brain-stem dead with no chance of recovery and it is in his best interest for life support to end. A High Court judge previously said that continuing treatment was "futile".

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On the ECHR application, Ms Dance said: "We are very relieved, we are having to battle every decision with the hospital.

"We now hope and pray that the ECHR will look favourably on the application. We will not give up on Archie until the end."

Speaking outside the hospital, she said: "I am hoping that they will step in and give Archie a right to live. I think that he deserves that."

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.

Hollie dance with her son Archie
Hollie Dance

The Christian Legal Centre, which has been supporting the action taken by Archie's parents, said the application submitted to the ECHR is asking it to impose interim measures to postpone life-support being withdrawn, while the UN considers the case.

In a statement, the ECHR confirmed it had received an application, which was being processed.

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.

Paul Battersbee and Hollie Dance
PA Media

But this was delayed while the Supreme Court heard an appeal application from Archie's parents Hollie Dance and Paul Battersbee.

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".

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Timeline: How the story unfolded

Archie is found unconscious by his mother after an incident at their home in Essex. He is taken to Southend Hospital.

Archie is transferred to The Royal London Hospital in Whitechapel where he has been treated ever since.

The NHS trust that runs the Royal London starts High Court proceedings asking for Archie to undergo brain stem testing.

Mrs Justice Arbuthnot rules that brain stem testing should be carried out.

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.

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.

The court approves further MRI scans, which are carried out on 31 May.

A final hearing is held to hear evidence on whether Archie's life-support treatment should continue.

The High Court judge rules that Archie is "dead" based on MRI scan results and that treatment could be withdrawn.

Hollie Dance, Archie’s mother, outside the High Court

The family ask the Court of Appeal to reconsider the case.

The Court of Appeal says that a new hearing to determine Archie's best interests should take place.

A new hearing is held in the High Court with evidence given before Mr Justice Hayden.

Mr Justice Hayden rules that life-support treatment should end, saying continuing it is "futile".

Three Court of Appeal judges support the High Court ruling that treatment can end.

The Supreme Court rules out intervening in the case and supports the Court of Appeal ruling.

The family make an application to the United Nations.

Archie’s mother and father, Paul Battersbee, outside the Royal London Hospital

A UN Committee writes to the UK government asking for a delay in withdrawing treatment while they consider the case.

The government asks for an urgent hearing to review the case.

The Court of Appeal refuses to postpone withdrawal of treatment until the UN can hear the case.

The Supreme Court refuse the family's application for permission to appeal the Court of Appeal ruling.

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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2022-08-03 14:26:30Z
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