A judge has rules that a 12-year-old boy suffering from brain damage is dead and his life support should end.
Archie Battersbee was being treated at the Royal London Hospital in Whitechapel, east London, where doctors said he was "brain-stem dead". Archie was severely injured after taking part in an 'online challenge' on April 7.
The youngster's parents, Hollie Dance and Paul Battersbee, from Southend, Essex, say his heart is still beating and they want treatment to continue. However, Mrs Justice Abuthnot ruled on Monday that Archie was dead and doctors could lawfully stop treatment.
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The judge heard in the Family Division of the High Court in London earlier this week how Archie was found unconscious by Ms Dance with a ligature over his head on April 7. Lawyers representing Archie's family told the judge his heart is still beating while his mother said he had gripped her hand despite not regaining conciousness.
Archie's family is being supported by a campaign organisation called the Christian Legal Centre. However, Mrs Justice Arbuthnot decided that Archie had died "at noon on 31st May 2022," following recent MRI scans that had been taken.
“I find that irreversible cessation of brain stem function has been conclusively established,” she said in a written ruling.
“I give permission to the medical professionals at the Royal London Hospital to cease to ventilate mechanically Archie Battersbee; to extubate Archie Battersbee; to cease the administration of medication to Archie Battersbee and not to attempt any cardio or pulmonary resuscitation on Archie Battersbee when cardiac output ceases or respiratory effort ceases.”
She added: “The steps I have set out above are lawful.”
The judge went on: “If Archie remains on mechanical ventilation, the likely outcome for him is sudden death and the prospects of recovery are nil. He has no pleasure in life and his brain damage is irrecoverable.
"His position is not going to improve. The downside of such a hurried death is the inability of his loving and beloved family to say goodbye.”
The judge also noted that had she not concluded Archie was dead, she would have ruled that it was not in his best interest to continue receiving treatment. Following the ruling, Ms Dance said she will look to launch an appeal bid.
“I am devastated and extremely disappointed by the judge’s ruling after weeks of fighting a legal battle when I wanted to be at my little boy’s bedside,” she said, in a statement, after the ruling.
“I feel sickened that the hospital and the Judge have failed to take the wishes of the family into consideration. I do not believe Archie has been given enough time.
“From the beginning, I have always thought ‘why the rush?’ His heart is still beating, he has gripped my hand, and as his mother, I know he is still in there.
“Until it’s God’s way I won’t accept he should go. I know of miracles when people have come back from being brain dead.
“This case raises the significant moral, legal and medical questions as to when a person is dead. What does this ruling today tell us about where our society is at?
She added: “We intend to appeal and will not give up on Archie.”
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