The parents of 12-year-old British boy, Archie Battersbee, have won an appeal against ending his life support treatment. A court of appeal last week decided that previous evidence and a former High Court ruling that the youngster was brain-stem dead should be reconsidered by a different judge.
A hospital trust has previously asked the High Court to decide what was in the boy’s best interests after he sustained brain damage about three months ago.
After the appeal hearing, his mother, Hollie Dance, and father, Paul Battersbee, said: “We’re delighted. We wanted another hearing and we’ve got everything we wanted.”
The Guardian reports that Archie has been treated by medics at the Royal London Hospital, where doctors believe he is “very likely” to be “brain-stem dead”.
Justice Arbuthnot had initially ruled that doctors could lawfully stop providing treatment but now another judge will oversee another hearing on 11 July.
Lawyers representing the parents had argued that Arbuthnot had made errors. Edward Devereux QC, who led Archie’s parents’ legal team, said she had not carried out a comprehensive analysis of evidence relating to whether life-support treatment should continue.
He suggested the analysis had not been of a “gold standard” and told appeal judges: “In matters of life and death the gold standard should be reached.”
A specialist had previously said tests had shown no “discernible” brain activity but revealed “significant areas of tissue necrosis”. She added: “We believe it is very likely that he is brain-stem dead.”
However, lawyers representing the family have argued that Archie’s heart is still beating and raised questions about whether “the correct procedure” had been followed and if the family’s views had been given full consideration.
Royal London Hospital’s governing trust, Barts Health NHSTrust, had asked Arbuthnot through its lawyers to decide what actions should be taken in Archie’s best interests.
His mother said she found him unconscious at home with a ligature over his head on 7 April and believed he may have been taking part in some sort of internet challenge. He has not regained consciousness since being admitted to hospital.
See more from MedicalBrief archives:
New mother to be taken off life support against family’s wishes
Judge rules for mediation in brain damaged toddler’s life support treatment
UK judge to rule on baby's continued life support