Archie Battersby’s mother has described the rejection of her bid to delay the withdrawal of her son’s life support as “another heartbreaking development” and suggested the legal battle is over.
Holly 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 he was found unconscious in April and is being kept alive by medical interventions including ventilation and drug treatment at the Royal London Hospital in Whitechapel, east London.
His parents submitted the application to the Strasbourg court hours before Barts Health NHS Trust was expected to withdraw their son’s life support on Wednesday morning.
But shortly after 6.30pm, the European Court said it had rejected the parents’ request, adding that it “will not interfere with the decisions of national courts to deny (Archie) life-sustaining treatment.” be allowed to withdraw”.
It has not yet been confirmed by Barts Health NHS Trust when life support will be withdrawn.
Ms Dance said she would “not allow” anything to happen to her father before he was back at his bedside in hospital, and vowed to “fight” for her son to be transferred to hospital.
Following the European Court’s ruling, in a statement released by Christian Concern, Ms Dance said: “This is another heartbreaking development in our fight for Archie’s right to live.”
He reiterated that he had been approached by doctors in Japan and Italy about his son’s condition, adding: “Why can’t we give him a chance?”
Ms Dance reiterated her pledge to “fight to the end for Archie’s right to live”, and said the family wanted to take the boy to hospital “but the hospital has said we can’t despite previous promises”. .
Minutes later, asked by reporters outside the hospital if the defeat felt different, he said: “It’s the end. It was the last thing, wasn’t it? And our country failed a 12-year-old again. Is.
He added: “We have to fight now to see if we can get him out of here for a dignified passage to a hospital. It’s just unfair.”
She claimed the hospital had “failed” her son, saying: “I would like him to be out of here as soon as possible, and to say goodbye in a peaceful hospice and spend time with his family. And without chaos.”
Weeping, she said: “I will say one thing, I promised him that I would fight till the end and I have done exactly that.”
UK Supreme Court judges have previously said they had “great sympathy” for Archie’s parents but added there was “no prospect of any meaningful recovery”.
Ms Dance and Archie’s father, Paul Battersby, have been involved in a series of legal efforts over their son’s condition.
She said she would not allow anything to happen before Mr Battersby returned to her son’s bedside in hospital on Thursday.
She added: “They’re definitely not going to do anything until tomorrow because I’m definitely not going to allow it. So, yeah, we’re going to have to wait for everyone to come back again now.
The boy was found unconscious in his home by his mother 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 to appear at the Court of Appeal on Monday after the government asked judges to urgently consider a UN committee’s request to continue Archie’s treatment while they consider his case. Reviewing.
However, after considering the matter, the three judges refused to postpone the withdrawal of life-sustaining treatment until after noon on Tuesday.
He also refused to allow an appeal against his decision to the Supreme Court.
He filed a petition directly with the Supreme Court, asking to continue his treatment to give time to the United Nations Committee on the Rights of Persons with Disabilities (UNCRPD) to consider his complaint, which was filed last week. was
But, in refusing permission to appeal, a three-judge panel concluded that the Court of Appeal “got it right”.