Archie Battersby’s mother described the rejection of her bid to postpone the return of her son’s life support as “another heartbreaking development” and suggested the legal battle was over.
Ollie Dance and Archie’s father Paul Battersby submitted an application to the European Court of Human Rights, but it was rejected on Wednesday evening.
The 12-year-old has been in a coma since being found unconscious in April and is being kept alive by a combination of medical interventions including ventilation and drug treatment at the Royal London Hospital in Whitechapel.
His parents’ application in court in Strasbourg was submitted by Barts Health NHS Trust on Wednesday morning, just hours before they were expected to withdraw their son’s life support.
But soon after 6.30 p.m., the European Court of Justice said it had denied the parent’s request, saying it “would not interfere with the decisions of the national courts in order for (Archie) to move on from life- be allowed to withdraw subsistence treatment”.
It has not yet been confirmed by Barts Health NHS Trust when life support will be withdrawn.
Ms Dance said she “won’t allow” anything to happen before Archie’s father returns to his bed at the hospital, and vowed to “fight” to get her son to a hospice.
In a statement released through Christian Concern following the European court’s ruling, Ms Dance said: “This is another heartbreaking development in our fight for Archie’s right to live.”
She reiterated that doctors in Japan and Italy had contacted her about her son’s condition, adding: “Why can’t we give him a chance?”
Ms Dance reiterated her vow to “fight to the end for Archie’s right to live”, adding that the family wanted to take the boy to a hospice “but the hospital has said we can’t do this despite previous promises”. .
A few minutes later, asked by reporters outside the hospital if this defeat felt any different, she said: “This is the end. It was the last thing, wasn’t it? And again our country has failed a 12-year-old. “
She continued: “We have to fight now to see if we can get him out of here to have an honorable passing at a hospice. It’s just unfair.”
She claimed that the hospital had “failed” her son, adding: “I want him to leave as soon as possible, and say goodbye to a peaceful hospice and spend time with his family, noisy and chaos.” uninterrupted.”
She said in tears: “I will say one thing that I promised her that I would fight till the end and that’s exactly what I did.”
Britain’s Supreme Court judges have previously said they have “great sympathy” with Archie’s parents, but added that “there is no prospect of any meaningful recovery”.
Ms Dance and Archie’s father, Paul Battersby, has been involved in a series of legal efforts regarding his son’s condition.
She said she “won’t allow” anything to be done before Mr Battersby returns to her son’s bed at the hospital on Thursday.
She added: “They definitely won’t do anything until tomorrow because I definitely won’t allow it. So, yeah, we’ll have to wait for everyone to come back again.”
The boy was found unconscious by his mother at their home on April 7 and has not regained consciousness since then. He believes he was participating in an online challenge.
Ms Dance and Mr Battersby were allowed an appeals hearing on Monday after the UK government asked judges to urgently consider a request from a UN committee to continue treating Archie while she reviews her case. Is.
However, after considering the matter, the three judges refused to adjourn the withdrawal of life-saving treatment after Tuesday afternoon.
He also refused permission to appeal against his decision in the Supreme Court.
He filed an application directly in the Supreme Court, asking him to continue his treatment so that the United Nations Committee on the Rights of Persons with Disabilities (UNCRPD) can get time to consider his complaint, which was done last week.
But, denying permission to appeal, a panel of three judges the Court of Appeals concluded “made the right decision”.