Archie Battersbee's family take fight to Supreme Court just before life support was due to end

2 August 2022, 10:39 | Updated: 2 August 2022, 15:14

Archie Battersbee's parents have lodged an appeal with the Supreme Court to delay the withdrawal of his life-support, which was due to end today.

Doctors in London had been preparing to switch off the life-support treatment of Archie Battersbee later today, but Archie's parents have lodged an application to appeal the decision with 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."

On Monday, judges at the Court of Appeal ruled that the 12 year-old's treatment should not continue beyond midday today.

Appeal Court judges refused to postpone the withdrawal of life-sustaining treatment beyond midday and refused to grant permission to appeal against their ruling at the Supreme Court, the UK's highest court.

Read more: Tearful Archie Battersbee's mum vows to 'fight to the end' to keep son alive as judge rejects plea

Read more: Mum of Archie Battersbee urges Health Sec to 'act immediately' to keep her son alive

Archie's mum, Hollie Dance indicated yesterday she and Paul Battersbee would make an application for Supreme Court justices to consider their application for permission to appeal.

Archie Battersbee’s parents: We made a promise to him

On Monday morning Archie's mum Holly posted an emotional message of thanks to those who had offered her support

"I want to thank everyone of you that have supported Archie through this journey.

"The strength you have all given us as a family is so heart touching and you have taken our little boy into your hearts and loved him.

"Thank you for all your support from messages to miracles posted to fundraising to just being there.

"I cannot express how much comfort and strength you have given us.

"Archie would be so proud of his Army and we will love you all forever."

Archie's care was due to end at 2pm at the Royal London Hospital in Whitechapel on Monday.

It came after a High Court judge previously ruled this to be in his best interests and the family exhausted all routes of appeal.

But this was delayed due to the UN committee issuing a request to the UK Government on Friday urging it to "refrain" from taking him off life support while his case is under consideration by the committee.

However, Sir Andrew McFarlane said on Monday the Convention on the Rights of Persons with Disabilities, under which the UN committee made its request, is an "unincorporated international treaty".

Sir Andrew said: "It is not part of the law of the United Kingdom ... and it is not appropriate for this court to apply an unincorporated international treaty into its decision-making process."

He added: "Every day that (Archie) continues to be given life-sustaining treatment is contrary to his best interests and, so, a stay, even for a short time, is against his best interests."

The judge said that was the decision that has been taken in the courts of England and Wales.

Ms Dance said after the ruling that they "continue to be shocked and traumatised by the brutality of the UK courts and the hospital trust" and vowed to "continue to fight for Archie".

Alistair Chesser, chief medical officer for Barts Health NHS Trust, said: "Our heartfelt sympathies and condolences remain with Archie's family at this difficult time.

"We are following the direction of the courts, so no changes will be made to Archie's care whilst the family appeal to the Supreme Court, though we will prepare to withdraw treatment after midday unless directed otherwise."

Archie was found unconscious at his home by his mother on April 7 and has not regained consciousness since.

She believes he was taking part in an online challenge.