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Daily Mirror
Daily Mirror
National
Antony Thrower

Parents of brain-damaged teen Archie Battersbee fail in Supreme Court life support bid

The parents of tragic Archie Battersbee have failed in an attempt to convince the Supreme Court to keep their son alive.

The 12-year-old’s mum and dad, Hollie Dance and Paul Battersbee, had asked for more time to carry on their battle after earlier this week a court ruled his ventilator could legally be switched off.

This afternoon the three justices from the Supreme Court dismissed an appeal from the parents to put a stop to the removal of their son's life-support treatment.

A spokesperson said in a statement: "The Supreme Court received an urgent permission to appeal (PTA) application in the case of Archie Battersbee.

Archie Battersbee has been in a coma since April this year (Hollie Dance / SWNS)

"The parents of Archie Battersbee filed their application to appeal to the Supreme Court earlier today. They were seeking a stay of the Court of Appeal's decision to allow withdrawal of life-support treatment from their child.

"Aware of the urgency of this matter, the court convened a panel of three justices who considered submissions from the parties 'on paper', in the usual way.

The youngster suffered catastrophic brain injuries in the incident earlier this year (Hollie Dance / SWNS)

"Having considered the careful judgment of the Court of Appeal delivered by Sir Andrew MacFarlane (president of the Family Division) and the application for permission to appeal the Court of Appeal's decision in relation to the stay, the panel has refused permission to appeal to the Supreme Court."

Young Archie has relied on mechanical ventilation since April 7 and has been in a comatose state after suffering catastrophic brain damage in an accident at home three months ago.

Archie's mother, Hollie Dance, outside the Royal Courts of Justice (PA)

Yesterday the parents were denied permission to take their case to the UN by the Court of Appeal.

Barts Health NHS Trust want to withdraw treatment and were given permission to do so following best interest proceedings in the High Court.

However, Archie's parents claim this is against Archie's wishes and say the decision breaches Articles 10 and 12 of the UN Convention on the Rights of People with Disabilities, as well as Article 6 of the UN Convention on the Rights of Children.

The Supreme Court has denied the parents permission to appeal (Hollie Dance / SWNS)
A judge earlier said Archie is "no longer the boy in the picture" (Hollie Dance / SWNS)

The High Court had previously found that Archie cannot feel pain and so his current treatment regime does not cause him any pain or distress.

It is claimed damage to his spinal cord could also prevent his breathing independently regardless of any damage to his brain.

Earlier this week Sir Andrew McFarlane, the president of the Family Division of the High Court and the most senior family court judge in England and Wales, said in a detailed ruling medical staff had seen "no signs of life" in Archie.

He said the case had received widespread media coverage - including a photograph of Archie.

Sir Andrew said: "Archie is no longer the boy in the photograph. He is someone whose every bodily function is now maintained by artificial means."

Archie Battersbee with his mother Hollie Dance (PA)
Archie Battersbee's father Paul Battersbee (PA)

Archie's mother previously said her son would "never give up" and had told her if he was even in a comatose state, he would want to be kept alive at all costs.

She added to do so would be a "betrayal", adding: "It is not in Archie’s best interests to die.

“‘Planned death’ is another name for euthanasia, which is illegal in this country.

“It is for God to decide what should happen to Archie. As long as Archie is fighting for his life, I cannot betray him. Until Archie gives up, I won’t give up.”

She also presented a video in which she claims her son is breathing on his own.

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