Archie Battersbee's family denied permission to challenge brain-damaged son's life support case at UN by Court of Appeal | The Sun
THE desperate family of Archie Battersbee have been denied permission to take their tragic case to the UN by the Court of Appeal.
The court previously upheld a decision by the High Court to withdraw life support treatment for the brain stem dead 12-year-old lad.
Archie has been on mechanical ventilation since and in a “comatose state” since April 7 after suffering “catastrophic” brain damage.
It followed an accident at the family's home in Essex three months ago.
Parents Hollie Dance and Paul Battersbee, who are split up but both live in Southend, asked judges at the European Court of Human Rights to intervene after losing the latest round to keep Archie on life support.
Three Court of Appeal judges upheld a ruling on Monday by a High Court judge who said doctors could lawfully stop treating Archie.
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Appeal judges were told on Monday that dad Paul, in his 50s, was feared to have suffered a heart attack or stroke outside a courtroom at the Royal Courts of Justice in London.
But Archie's parents argued that the judge, Mr Justice Hayden, had made errors after the hearing.
Barts Health NHS Trust in London want to withdraw treatment and were given permission to do so following best interest proceeding carried out in the High Court.
But Archie's parents say the move is against his wishes.
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They have argued the decision 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.
This is despite the High Court previously finding that Archie can't feel pain so his current treatment does not cause any pain or distress.
Damage to his spinal cord could also prevent the boy breathing independently regardless of any damage to his brain, it's claimed.
It comes as mum Hollie, who is convinced Archie will pull through, released a video of her son, claiming to show he could breathe without his respirator.
High Court judge Mrs Justice Arbuthnot initially considered the case and concluded that Archie was dead.
Court of Appeal judges upheld a challenge by his parents against Justice Arbuthnot and the case then went to Justice Hayden.
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The lad, who is being treated in the Royal London Hospital in Whitechapel, east London, was found with a ligature around his neck on April 7.
His family think he may have been taking part in a social media challenge that requires participants to asphyxiate themselves before regaining consciousness.
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