Judge from Archie Battersbee case to rule on whether girl, six, has life support withdrawn
24 August 2022, 14:57 | Updated: 24 August 2022, 15:02
The parents of a six-year-old girl are waiting for a High Court judge who was also involved in the Archie Battersbee case to decide whether their seriously ill daughter should continue to receive life support treatment.
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The girl, who the judge ruled cannot be identified in the media, fell ill four years ago after arriving in England, and has an irreversible, progressive and rare neurological condition which left her unable to walk, sit or stand.
Specialists at the Birmingham Women's and Children's NHS Foundation Trust have told Mr Justice Hayden of the High Court's family division that the girl is dying, and argued she should be moved to a palliative care regime.
But her parents, whose legal team said they accept their daughter will not recover, want her to receive "long-ventilation" and do not agree with the idea that a "ceiling of care" should be imposed.
The girl's mother told the judge that when at home the youngster had a "smile on her face", adding: "I am asking you for your mercy."
The parents are Syrian refugees, and the mother left Syria in 2014 and lived in Lebanon before claiming political asylum in Britain.
"We have suffered our entire life since we were born. In Syria, in Lebanon," said the girl's father. "Here, we have received a lot of help."
The judge heard how the girl has spells when she is not on a ventilator, but that during those "respite" periods she is constantly supplied with oxygen to help her breathe.
Nageena Khalique QC, who is leading the trust's legal team, told the judge that the condition is irreversible and progressive.
"This is a very cruel condition," said Miss Khalique, "We have now come to a stage where the trust no longer thinks that it is in [the girl's] best interests to continue giving her invasive ventilatory support."
But Barrister Ian Brownhill, who is leading the parents' legal team, said in a written case outline that "long-term, at-home ventilation should be attempted, or the current pattern of treatment should continue".
The hearing comes less than a month after the death of Archie Battersbee, whose family's legal battle to continue his treatment received national attention.
Archie, 12, was found unconscious at the family home on the April 7 by his mother, Hollie Dance, who believed he may have been taking part in an online challenge at the time.
Doctors at the Royal London Hospital in Whitechapel believed it was "highly likely" that the boy was brain stem dead, and took the case to court, asking judges to decide what was in Archie's best interests.
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The legal battle lasted four four months, with the United Nations asked to get involved.
Archie's life support was ultimately withdrawn on August 6, when the ECHR refused the parents' application to have their case considered and an application to move Archie to a hospice was also refused.
Archie's mother has since spoken out about feeling like the family were "on trial" and "backed into a corner" by the system.
