Mum of Archie Battersbee, 12, vows to fight on after judge rules life support should end

13 June 2022, 11:38 | Updated: 13 June 2022, 13:54

• Doctor's can legally turn off life support for Archie, 12, High Court judge rules
• Archie has been in a coma since an incident at home in early April
• Judge at High Court rules Archie has suffered "irreversible cessation of brain stem function"

A judge has ruled that 12-year-old Archie Battersbee, who has been at the centre of a High Court life-support treatment dispute after suffering brain damage, is dead and that life support treatment should stop.

Doctors treating Archie Battersbee at the Royal London Hospital in Whitechapel, east London, argued the youngster is "brain-stem dead". They put forward a case that his life-support treatment should end and Archie should be disconnected from a ventilator.

Archie suffered brain damage in an incident at home in early April. He was found unconscious with a ligature over his head on April 7 and his mum believes he might have been taking part in an online challenge.

Archie's parents, Hollie Dance and Paul Battersbee, from Southend, Essex, argued the youngster's heart is still beating and want treatment to continue.

In her ruling today Mrs Justice Arbuthnot said: "I find that Archie died at noon on May 31 2022, which was shortly after the MRI scans taken that day.

Mother of boy who has been deemed 'brainstem dead' by court says she is 'sickened' at decision

"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."

Mrs Justice Arbuthnot on Monday ruled that Archie was dead and said doctors could lawfully stop treating him. Archie's parents said they plan to appeal the decision.

The youngster has not regained consciousness but lawyers representing Archie's family told the judge that his heart is still beating. His mother also said he had gripped her hand.

Speaking outside court, Archie's mother Ms Dance said she was "devastated and extremely disappointed" by the judge's ruling.

She said: "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. This is believed to be the first time that someone has been declared 'likely' to be dead based on an MRI test.

"The medical expert opinion presented in court was clear in that the whole concept of 'brain death' is now discredited, and in any event, Archie cannot be reliably diagnosed as brain-dead.

"I feel sickened that the hospital and the judge have failed to take the wishes of the family into consideration. I do not believe Archie has been given enough time. From the beginning I have always thought 'why the rush?'

"His heart is still beating, he has gripped my hand, and as his mother, I know he is still in there. Until it's God's way I won't accept he should go. I know of miracles when people have come back from being brain dead.

"This case raises the significant moral, legal and medical questions as to when a person is dead.

"What does this ruling today tell us about where our society is at? We intend to appeal and will not give up on Archie."

Read more: Man charged with murder after 'hero' boy, 15, died 'protecting his mum'

A campaign organisation called the Christian Legal Centre is supporting Archie's family.

"This case raises the significant moral, legal and medical question as to when a person is dead," said the centre's chief executive, Andrea Williams prior to the High Court ruling.

"Archie's parents do not accept that he is dead and are fighting for his life.

"There is no clear definition of death in English law, and a case like this has never come before an English court before.

"The outcome is crucial for Archie and his family and anyone who cares about the value of life in this country."