Supreme Court considering application to extend Archie Battersbee's life support treatment

Support was due to be withdrawn at 12pm today

Author: Sian RochePublished 2nd Aug 2022
Last updated 2nd Aug 2022

The parents of Archie Battersbee have filed an application to the Supreme Court in a bid to extend his life-sustaining treatment to allow time for a United Nations committee to consider the 12-year-old's case.

Hollie Dance and Paul Battersbee last week made an application to the UN Committee on the Rights of Persons with Disabilities to review Archie's case, and the committee issued a request that the UK Government "refrain from withdrawing" his treatment while it considers their complaint.

However, a letter sent on Sunday on behalf of Health Secretary Steve Barclay requested that the matter be urgently reviewed by the courts and a Court of Appeal hearing was held on Monday, following which three senior judges refused to further extend the stay on withdrawing Archie's treatment.

The Supreme Court has now confirmed it has received such an application and that it is being considered by a panel of three justices.

The 12-year-old was scheduled to have his life support withdrawn at noon today, but the deadline has been pushed back as Barts Health NHS Trust awaits direction from the Supreme Court.

A spokeswoman for the court said: "The Supreme Court is aware of the urgency of this matter. A panel of three justices will consider the application for permission to appeal 'on paper', in the usual way."

Speaking to the PA news agency outside The Royal London Hospital, Ella Carter, a friend of Archie Battersbee's family, said: "We're hopeful that the Supreme Court will accept our appeal and it will be given the proper consideration it deserves.

"I think it's hard to get hopes up after time and time again of disappointment, but we're as hopeful as we can be."

Having left Archie's room to speak to reporters, she added: "The atmosphere is OK because we've got all the family around us at the moment.

"I think things are a little bit tense because the order says that it was going to happen at 12 o'clock today...

"We've made the application to the Supreme Court this morning to appeal the decision with regards to the United Nation's request for Archie's battle to continue.

"Hopefully we should hear back if not today, hopefully tomorrow, whether that's been accepted.

"We're hoping that they will accept our appeal and that they will hear our case - it's been really frustrating."

Archie Battersbee's mother, Hollie Dance, said: "We are having to battle over every decision with the hospital.

"There is nothing dignified in how we are being treated as a family in this situation.

"We do not understand what the rush is and why all of our wishes are being denied.

"I know Archie's still with us. Archie's showing very different signs to what the clinicians are actually putting over to the courts.

"He's very much there, he's progressing in so many ways.

"We pray for an encouraging response from the Supreme Court."

A spokesman for the Christian Legal Centre, which is supporting the legal action brought by Archie's parents, said the hospital trust has confirmed it will not take any steps to withdraw treatment until the Supreme Court has reached a decision.

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