The parents of a 12-year-old boy in a “comatose state” and considered “brain-stem dead” by doctors want a High Court judge to consider evidence for a third time. Archie Battersbee suffered “catastrophic” brain damage in an accident at home in April, and has not regained consciousness.
Despite an appeal by Archie’s parents, High Court judge Mr Justice Hayden last week delivered a ruling allowing doctors to lawfully end the boy’s life-support treatment. Doctors at the Royal London Hospital in Whitechapel, east London, say continued treatment is not in his best interests.
After reviewing evidence at a hearing in the Family Division of the High Court in London, Mr Justice Hayden said medical evidence was “compelling and unanimous,” and painted a “bleak” picture. Hollie Dance and Paul Battersbee, of Southend, Essex, have now mounted a further appeal for their son, overseen by three Court of Appeal judges at a hearing in London.
On Friday, Barrister Edward Devereux QC, who is leading Archie’s parents’ legal team, told three appeal judges that the case should be referred to a High Court judge for a further hearing. Appeal judges Sir Andrew McFarlane, the president of the Family Division of the High Court and the most senior family court judge in England and Wales, Lady Justice King and Lord Justice Peter Jackson are due to finish hearing arguments in the next few hours.
Sir Andrew said they aimed to deliver a ruling on the appeal on Monday. Judges have heard how Ms Dance found Archie unconscious with a ligature over his head on April 7. She thinks he may have been taking part in an online challenge.
Mr Justice Hayden had described what happened as a “tragedy of immeasurable dimensions.” Mr Devereux QC has argued that Mr Justice Hayden had not given “real or proper weight” to Archie’s previously expressed wishes and religious beliefs, or to those of Archie’s family.
Mr Justice Hayden is accused of failing to carry out a “comprehensive evaluation” of the benefits and burdens of continuing life-support treatment and had been wrong to conclude that treatment was burdensome and futile. Mr Devereux QC told appeal judges: “The overall case of the parents is that Mr Justice Hayden’s decision was driven almost wholly by what is in Archie’s medical best interests and not careful, clear, understandable and comprehensive evaluation of Archie’s best interests in the wider sense.”
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