The parents of Archie Battersbee have been given the go-ahead to take their case to the Court of Appeal after a High Court judge concluded that the youngster was dead. It comes after it was recently ruled that doctors could lawfully stop providing treatment to the 12-year-old boy after a trial in the Family Division of the High Court in London.
Archie’s parents, Hollie Dance and Paul Battersbee, from Southend, Essex, have now been given permission from Mrs Justice Arbuthnot to take the legal battle to the Court of Appeal. The pair, who are separated, say Archie's heart is still beating and want treatment to continue.
Their legal team argued that evidence had not shown “beyond reasonable doubt” that Archie is dead. Edward Devereux QC said the decision had been made on a balance of probabilities and argued that a decision of such “gravity” should have been made on a “beyond reasonable doubt” basis.
