Tyla

To make sure you never miss out on your favourite NEW stories, we're happy to send you some reminders

Click 'OK' then 'Allow' to enable notifications

Not now
OK
Advert

Breaking News

Archie Battersbee's Parents To File Last Minute Application To European Court Of Human Rights

Published 
| Last updated 

Archie Battersbee's Parents To File Last Minute Application To European Court Of Human Rights

Archie Battersbee's parents have said they will submit a last-minute application to the European Court of Human Rights (ECHR) in an attempt to postpone the withdrawal of his life-sustaining treatment.

The 12-year-old has been on life support since April, with the treatment set to be withdrawn later today (3 August) after an appeal to continue treatment was refused by the Supreme Court on Tuesday.

However, Archie's mother Hollie Dance has said that her legal team will need to make the latest court case by 9am BST in order to be considered.

Archie Battersbee's parents will submit a last-minute application to the European Court of Human Rights. Credit: PA Images / Alamy Stock Photo.
Archie Battersbee's parents will submit a last-minute application to the European Court of Human Rights. Credit: PA Images / Alamy Stock Photo.
Advert

She said: "Our solicitors will be filing to the European Court of Human Rights. They've been given a strict timeline of 09:00. Again, no time whatsoever.

"Every single court case we've had we've had no time at all, one or two days to prepare and get the whole case together."

Archie's mum has also told Sky News that doctors in Japan and Turkey have reached out to her with the hope of medical interventions which will help Archie recover.

She is now considering options that involve treating him outside of the UK.

Advert
The 12-year-old has been on life support since April, with the treatment set to be withdrawn later today. Credit: PA Images / Alamy Stock Photo.
The 12-year-old has been on life support since April, with the treatment set to be withdrawn later today. Credit: PA Images / Alamy Stock Photo.

Doctors had previously said they would withdraw the 12-year-old's treatment by 12pm on Tuesday (2 August), but Archie's parents filed a last-minute appeal to the Supreme Court in an attempt to give their son more time to recover.

Dance found her son unconscious at their home in Southend, Essex in April, with the belief that he may have been taking part in an online challenge.

After suffering traumatic brain injuries on 7 April, the child has not regained consciousness.

Advert

Since arriving at the Royal London Hospital in Whitechapel, east London, he has relied on medical ventilation. A High Court judge ruled last month that he should be allowed to die.

Archie’s mum and dad Paul Battersbee - have continued to fight the ruling, arguing that it 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.

Archie's mother Hollie Dance has said that her legal team will need to make the latest court case by 9am BST. Credit: PA Images / Alamy Stock Photo.
Archie's mother Hollie Dance has said that her legal team will need to make the latest court case by 9am BST. Credit: PA Images / Alamy Stock Photo.

Sir Andrew McFarlane, sitting with two other judges, explained the court's decision as he said: “Every day that [Archie] continues to be given life-sustaining treatment is against his best interests.

Advert

"I concluded that there should be no stay other than a short stay for the parents to take stock and consider whether they want to make any further application to the supreme court.”

Last month, Mrs Justice Arbuthnot ruled that Archie 'died at noon on May 31st 2022, which was shortly after the MRI scans taken that day'.

The judge said: "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."

Advert

In response to the ruling, Ms Dance vowed to appeal the ruling and said at the time: "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. "

Featured Image Credit: PA Images / Alamy

Topics: News, Real Life, Life

Gabriella Ferlita
More like this
Advert
Advert
Advert

Chosen for YouChosen for You

TV & Film

First look at the cast of 2022's Married At First Sight UK

2 hours ago

Most Read StoriesMost Read

First look at the cast of 2022's Married At First Sight UK

2 hours ago