By Charlie Webster-
The parents of a 12-year-old boy have been granted a further 24 hours to appeal against a decision to end his life support treatment, after doctors revealed he was showing no signs of life
The extension is to give Archie Battersbee’s parents an opportunity to make an application to the European court of human rights (ECHR) , but they had preferred to take the case to the United Nations convention on the rights of people with disabilities (UNCRPD).
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Archie sustained brain damage about three months ago when, his mother believes, he choked while taking part in a viral social media trend.
His father, Paul Battersbee was hospitalised on Monday, before the unfavourable ruling by the Court Of Appeal denying the family a right to keep the life support machine on. He recently came out of hospital.
A written application to the court of appeal on Wednesday extended the stay until 2pm on Thursday.
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It comes after the Court of Appeal earlier this week upheld the High Court’s decision to withdraw life-support treatment for the brain-damaged child.
His father Paul Battersbee and mother Hollie Dance say the UN has a protocol that allows “individuals and families” to make complaints about violations of disabled people’s rights.
They claim the UN could ask the UK government to delay the withdrawal of life support while a complaint is investigated. Archie has relied on mechanical ventilation since being admitted to hospital on 7 April, after being found with a ligature around his neck at home.
The High Court had found that Archie cannot feel pain and therefore his present treatment regime does not cause him any pain or distress.
Damage to his spinal cord could also prevent his breathing independently regardless of any damage to his brain.
A lawyer representing Mr Battersbee and Ms Dance, said they are considering a challenge to the appeal judges’ ruling.
David Foster, based at law firm Moore Barlow, said Ms Dance and Mr Battersbee, who are separated but both live in Southend, Essex, planned to appeal to the European Court of Human Rights.
Doctors treating him at the Royal London Hospital in Whitechapel, east London, think he is brain-stem dead and say continued life-support treatment is not in his best interests.
Barts Health NHS Trust wants to withdraw treatment and was last week granted permission to do what the High Court ruled was best for Archie.
The Christian Legal Centre, a campaign group that is supporting Archie’s parents, said this is not enough time to allow them to go to the UNCRPD, which it believes is more likely than the ECHR to order that the withdrawal of life support be delayed while a complaint is being investigated. It said the ECHR “has a track record of rejecting applications from parents in end-of-life cases”.
Archie’s mother, Hollie Dance, 46 said: “It feels wrong that the court of appeal have tried to force us down a road which they know will fail and have taken away our rights of taking the case to the UN.
“All we have asked for from the beginning is for Archie to be given more time and for Archie’s wishes and ours to be respected. As long as Archie is alive, I will never give up on him, he is too good to give up on.”
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