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Daily Mirror
Daily Mirror
National
Antony Thrower

Judge rules coma schoolboy Archie Battersbee must be allowed to die in High Court ruling

A High Court judge has ruled that doctors can lawfully stop providing life-support treatment to a 12-year-old boy in a coma after reviewing evidence at a hearing in London.

Doctors treating Archie Battersbee, who was declared brain dead after collapsing at his home, say continued treatment is not in his best interests and should end.

Parents Hollie Dance and Paul Battersbee, both in court today with other members of the family, have fought the medical advice from Barts Health NHS Trust, saying their son would want to fight to the end.

Another High Court judge had earlier concluded Archie was dead, but Court of Appeal judges upheld a challenge by his mum and dad.

On Monday Mr Justice Hayden on Monday reviewed evidence at a hearing in the Family Division of the High Court in London and has now returned his verdict on the tragic case, ruling the boy's life support machine can be turned off.

The judge has returned the verdict this morning (Hollie Dance / SWNS)

He described what happened to Archie as a "tragedy of immeasurable dimensions" and added evidence showed the schoolboy had suffered a “significant injury” to “multiple areas” of his brain and had not “regained awareness at any time”.

He said: "Archie’s mother described him as a fighter and I have no doubt he was...but the fight, if it can properly be characterised as such, is no longer in Archie’s control.

“The damage to his brain has deprived him of any bodily autonomy. Eventually Archie’s organs will fail and ultimately his heart will stop.

"The medical evidence finds that for Archie improvement is not possible. There is unfortunately no treatment possible to reverse the damage that has been caused to Archie’s brain.

“There can be no hope at all of recovery.”

Hollie Dance, pictured with her son, argued Archie would want to fight (PA)
The youngster has been in a coma for several weeks (Hollie Dance / SWNS)

Speaking afterwards, mum Hollie said she would try to appeal against the ruling as "Archie would want us to keep on fighting."

She added: "And we will keep on fighting, we will appeal.”

The boy's father added: “There have been too many battles in too short a space of time.

“He needs more time.”

Tragic schoolboy Archie Batterbee suffered a "devastating" brain injury at home in Southend, Essex, on April 7.

His mother previously said he may have been taking part in the dangerous "blackout" social media craze , where people choke themselves until they pass out.

Archie is said to have once said he would not want the life support machine switched off (Hollie Dance / SWNS)
Archie's parents want his life support to continue in case he miraculously recovers (Hollie Dance / SWNS)

Medics have argued life support should be removed from the 12-year-old, who has been in a coma for several weeks.

The Court of Appeal was earlier told Archie and his mother had a brief conversation one or two years ago where he said he would like to remain alive if he ever found himself in such a situation.

He is said to have told his mother: "I wouldn't care, I wouldn't feel anything."

Lawyers acting for the trust argued those words do not rule out the prospect switching off his life support was in his best interests.

Martin Westgate QC, representing the trust, said earlier that Archie is "unresponsive" and has no prospect of recovery.

Archie was found with a ligature around his neck in April this year (Hollie Dance / SWNS)

Ian Wise QC, the family's lawyer, told the court the youngster would want a "natural" and not "choreographed" death.

He said in his closing submissions: "What you can be sure of is that he would not want to upset his mother and father and that their wishes would be considered to the utmost.

“He would have wanted their wishes to be respected.

"We can't have a casual consideration of his best interests without giving full force to the sanctity of life.

“This treatment is not futile as it does what it sets out to do."

Archie's mum Hollie Dance has fought the medical advice (PA)

Martin Westgate QC, representing the trust, said in his closing submissions that carrying out more medical procedures would be futile.

He told the court: "One aspect of dignity is not to carry out extensive procedures where they are futile and cannot infer possible benefit to the patient.

"There is no realistic prospect of recovery and his treatment is invasive, and will become more so as it continues. It is desperately sad but he is never going to get better.

"The parents want there to be a miracle. The suggestions they are making are ones that are desperately wishing for more time."

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