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Topics: News
Lucy Devine
Archie Battersbee's family intend to take the case to the European Court of Human Rights after an appeal court ruled on Monday that his life support can be lawfully switched off by doctors.
The family have been given 48 hours to make a decision over their next step, which expires at 2:00pm on Wednesday 27 July, but immediately after the ruling, their lawyer indicated they would be appealing to the European court.
The 12-year-old was left in a comatose state after suffering 'catastrophic' brain injuries during a suspected online challenge gone wrong in April.
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On Friday, three Court of Appeal judges finished hearing arguments about whether further treatment would be in his best interests.
The three judges include Sir Andrew McFarlane, the president of the Family Division of the High Court, Lady Justice King and Lord Justice Peter Jackson.
Archie’s parents - Hollie Dance and Paul Battersbee - launched an appeal after a High Court judge ruled that the doctors treating Archie could lawfully stop treatment.
Doctors at the Royal London Hospital previously suggested it was 'highly likely' he was 'brain-stem dead' after an MRI scan was completed.
The appeal from Archie’s parents came after Judge Arbuthnot’s ruling on 13 June which said: "I find that Archie died at noon on May 31, 2022, which was shortly after the MRI scans taken that day.
"I find that irreversible cessation of brain stem function has been conclusively established.
"I give permission to the medical professionals at the Royal London Hospital to cease to ventilate mechanically Archie Battersbee."
On Monday, Archie's father Paul Battersbee was rushed to hospital prior to the court ruling. Paul had fallen ill outside of court before the start of the hearing.
Barrister Edward Devereux QC, leading the legal team for Archie’s parents, had asked for the ruling to be adjourned.
He told judges that Mr Battersbee, who is in his 50s, had been taken to hospital and was feared to have suffered a heart attack or stroke.
Despite the incident, appeal judges refused to adjourn the ruling.