Archie Battersbee's life support will be switched off at 11am today, his family have been told.
The 12-year-old's parents lost a Supreme Court bid today to delay the withdrawal of his life-sustaining treatment pending a review of his case by a UN committee.
Christian Concern, who have been supporting the legal action by Archie's parents, said the Royal London Hospital had given the family until 9am to submit an application with the European Convention on Human Rights, otherwise the 11am deadline will be honoured.
In a statement, Archie's mum Hollie Dance said: “Heartbreakingly, the hospital trust have told us this evening that we cannot move Archie to a hospice.
“We want to make an urgent application to the European Court of Human Rights, but the trust are saying that that has to be submitted at 9am, which gives us and our lawyers no time to prepare it.
“They also demand to see a copy of it, which they have no right to see. However if this does not happen, they say they will withdraw treatment tomorrow morning at 11am. This is cruel and we are absolutely appalled.”
Ms Dance and Archie's dad, Paul Battersbee, who are separated but both live in Southend, Essex, were granted a Court of Appeal hearing on Monday after the Government asked judges to urgently consider a request from a UN committee to keep treating Archie while it reviewed his case.
But after considering the matter, three judges refused to postpone the withdrawal of life-sustaining treatment beyond midday.
They also refused to grant permission to appeal against their ruling at the Supreme Court.
Judges had previously found Archie's care to be exemplary.
However, Ms Dance and Mr Battersbee filed an application directly with the Supreme Court asking for his treatment to continue so the UN Committee on the Rights of Persons with Disabilities (UNCRPD) could have time to consider their complaint, made last week.
A panel of three justices concluded the Court of Appeal “made the correct decision” and refused permission to appeal.
Archie's family have now said their son's life support will be switched off at 11am today.
The 12-year-old has been in a coma since he was found unconscious by his mum in April and is currently being kept alive by a combination of medical interventions, including ventilation and drug treatments, at the Royal London Hospital in Whitechapel, east London.
Announcing the Supreme Court's refusal to hear the appeal, the judges said: “As this panel stated in its note of determination last week, the justices have great sympathy with the plight of Archie’s devoted parents who face a circumstance that is every parent’s nightmare – the loss of a much-loved child.”
They added: “While there was evidence that Archie was a child with religious beliefs, was very close to his mother and would not have wished to leave her alone, those are only some of the factors which the courts have to consider in their evaluation of where Archie’s best interests lie.
“It was against that background that Mr Justice Hayden held that it would not be lawful to continue life-sustaining treatment.
“The Court of Appeal upheld that judgment and this court refused permission further to appeal.
“Now the application is for a stay of the order authorising the withdrawal of life-sustaining treatment to give time for the (UN) committee to consider Archie’s case, as the committee has requested.
“The panel is satisfied not only that the Court of Appeal has not erred in the sense mentioned above but that it made the correct decision.”
The panel concluded: “According to the law of England and Wales, Archie’s best interests and welfare are the paramount consideration.
“The panel reaches this conclusion with a heavy heart and wishes to extend its deep sympathy to Archie’s parents at this very sad time.”
Before the Supreme Court announcement, his family said that if his life support was to be cut off they want him to be moved to a hospice where he can pass away in a "peaceful" environment.
The 12-year-old has been in a coma since April after he suffered a catastrophic brain injury.
Doctors treating Archie at the Royal London Hospital in Whitechapel, east London, said he was brain-stem dead and that continued life-support treatment was not in his best interests.
Ms Dance said she and Mr Battersbee were “extremely disappointed” with the Supreme Court’s decision.
In a statement issued by the Christian Legal Centre, which is supporting the legal action by Archie’s parents, she said: “No authorities, other than the UN CRPD, have shown any compassion or understanding to us as a family.
“We will fight until the end.”
Ms Dance told reporters the family was exploring one more legal option but “that really is sort of the end”.
She added: “I can honestly say that Archie would be very, very disappointed in our justice systems.
“This is somebody’s child … they’re not just taking a child away from me and Paul, they’re destroying the whole family.
“It’s not right, it’s not right, and something needs to be done – reform desperately needs to be taking place in this country.”
Alistair Chesser, chief medical officer for Barts Health NHS Trust, said: “Our deepest sympathies remain with Archie’s family.
“As directed by the courts, we will now work with the family to prepare for the withdrawal of treatment.
“We aim to provide the best possible support to everyone at this difficult time.”
