Archie Battersbee: judge ruling as court hears 12-year-old boy is ‘brain stem dead’ - will life support end?

Hollie Dance said after Mrs Justice Arbuthnot’s ruled life support for her son should end that she was ‘devastated’
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The mum of Archie Battersbee has spoken of her devastation at the ruling her son is dead and life support should stop and said his family “will not give up” on him.

A high court judge ruled that Archie, who has been at the centre of a High Court treatment dispute after suffering brain damage, is dead and said doctors could lawfully stop treating him.

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The 12-year-old’s mum Hollie Dance said the family would appeal the ruling.

But what happened to Archie, and what did the judge say in the ruling?

Archie Battersbee.Archie Battersbee.
Archie Battersbee.

What was the treatment dispute about?

Doctors at the Royal London Hospital in Whitechapel, east London treating the 12-year-old had said the youngster is “brain-stem dead”.

They said life-support treatment should end and Archie should be disconnected from a ventilator.

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However, Archie’s parents, Hollie Dance and Paul Battersbee, from Southend, Essex, said the youngster’s heart is still beating and want treatment to continue.

Archie suffered brain damage in an incident at home in early April.

Ms Dance told how she found him unconscious with a ligature over his head on 7 April and thinks he might have been taking part in an online challenge.

The youngster has not regained consciousness.

Lawyers representing Archie’s family had told the judge that his heart is still beating.

His mother also said he had gripped her hand.

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Lawyers representing the Royal London Hospital’s governing trust, Barts Health NHS Trust, asked Mrs Justice Arbuthnot to decide what moves are in Archie’s best interests.

Archie Battersbee’s mother, Hollie Dance, (centre-right) speaking outside the Royal London Hospital in Whitechapel, east London, after the High Court judgement (PA)Archie Battersbee’s mother, Hollie Dance, (centre-right) speaking outside the Royal London Hospital in Whitechapel, east London, after the High Court judgement (PA)
Archie Battersbee’s mother, Hollie Dance, (centre-right) speaking outside the Royal London Hospital in Whitechapel, east London, after the High Court judgement (PA)

What did the judge say in the ruling?

Mrs Justice Arbuthnot concluded that Archie had died “at noon on 31st May 2022”, shortly after the most recent MRI scans 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.”

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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 said that, had she not concluded Archie is dead, she would have ruled that it was not in his best interests to continue to receive life-support treatment.

Hollie Dance speaking outside the Royal London Hospital.Hollie Dance speaking outside the Royal London Hospital.
Hollie Dance speaking outside the Royal London Hospital.

What has Archie’s family said?

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Archie’s mum Hollie said, after the ruling, in a statement: “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.

“Basing this judgment on an MRI test and that he is ‘likely’ to be dead, is not good enough. This is believed to be the first time that someone has been declared ‘likely’ to be dead based on an MRI test.

“The medical expert opinion presented in court was clear in that the whole concept of ‘brain death’ is now discredited, and in any event, Archie cannot be reliably diagnosed as brain-dead.

“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?’

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“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? We intend to appeal and will not give up on Archie.”

Andrea Williams, chief executive of the Christian Legal Centre, which is supporting the family’s legal case, said: “This ruling is a devastating moment for Archie and his family.

“The idea that death can be declared on the balance of probability is frankly ludicrous.

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“Life is the most precious gift that we have. This ruling sets a troubling and dark precedent.

“This case has raised significant moral, legal and medical questions as to when a person is dead.

“Archie’s parents do not accept that he is dead and are fighting courageously for his life.

“They will not give up now and intend to appeal. We will continue to stand with the family and continue to pray for a miracle.”

What has the NHS trust said?

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Alistair Chesser, the chief medical officer at Barts Health NHS Trust, has expressed sympathies for the family of 12-year-old Archie Battersbee after a High Court ruling that his life support treatment should stop, adding that the hospital will give them time to appeal.

Speaking outside the Royal London Hospital in Whitechapel, east London, Mr Chesser said: “This is a sad and difficult time for Archie’s family and our thoughts and sympathies are with them as they come to terms with what has happened.

“In line with the guidance issued by the court, our expert clinicians will provide the best possible care while life support is withdrawn.

“We are also ensuring that there is time for the family to decide whether they wish to appeal before any changes to care are made.”

This article will continue to be updated.

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