Archie Battersbee: Government seeks urgent High Court review

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Archie BattersbeeImage source, Hollie Dance
Image caption,

Archie Battersbee might have been taking part in an online challenge when he suffered brain damage at home on 7 April

The government has asked an out-of-hours High Court judge to review the case of Archie Battersbee, whose life support could be withdrawn on Monday.

It comes after the UN Committee on the Rights of Persons with Disabilities asked for treatment to be continued while it considered a complaint.

The 12-year-old was found unconscious at home in Southend, Essex, on 7 April.

Earlier his parents shared details outlining the steps the hospital would take to withdraw Archie's life support.

Barts Health NHS Trust wrote to the family informing them his treatment would cease from 14:00 BST on Monday.

Archie has not been conscious since he was found at home on 7 April.

His mother Hollie Dance said she believed he might have been taking part in an online challenge at the time.

His doctors think he has no chance of recovery and on 18th July Appeal Court judges ruled that doctors could lawfully disconnect his ventilator.

Image source, Hollie Dance
Image caption,

The United Nations is considering the case of the 12-year-old who lost consciousness on 7 April

Marked "VERY URGENT" and addressed to the out-of-hours duty judge in the family division of the High Court, the government letter states: "We write on behalf of the Secretary of State for Health and Social Care."

"We understand that A's life support is due to be switched off at 2pm on Monday 1 August 2022," it continued.

"In the circumstances, [given the application to the UN Committee on the Rights of Persons with Disabilities] we wish to draw the Committee's request for the interim measures to the Court's attention for its urgent consideration."

"We request that this letter is placed before the out-of-hours judge immediately and/or if possible, before Mr Justice Hayden."

Artificial nutrition

Meanwhile, Archie's mother and his father Paul Battersbee received their own letter from the hospital on Saturday.

Their letter states "at 14:00 hours on 1 August", the treatment will be stopped and explained the family could be with him during this time.

Image source, Hollie Dance
Image caption,

Archie Battersbee should begin palliative treatment without further delay, his doctors have advised

The family has been fighting the decision to remove his life-support through the UK courts, and in a "last-ditch" attempt wrote to the United Nations to intervene.

In a letter, the UN's Human Rights Treaties Branch, Ibrahim Salama, said it had "requested the state party (the government) to refrain from withdrawing life-preserving medical treatment, including mechanical ventilation and artificial nutrition and hydration, from the alleged victim while the case is under consideration by the committee".

As a result, Ms Dance and Mr Battersbee appealed to Stephen Barclay, the Secretary of State for Health and Social Care, to prevent the withdrawal.

'Deepest sympathies'

Doctors treating Archie at the Royal London Hospital, run by Barts NHS Health Trust, have said he is brain-stem dead and continued life-support treatment was not in his best interests.

Alistair Chesser, chief medical officer for Barts Health NHS Trust said on Friday: "Our deepest sympathies are with Archie's family at this difficult time.

"We are giving Archie's loved ones time to come to terms with the decision of the courts that treatment should not continue and are involving them in each stage."

"Any further delay in starting palliative care would not be appropriate without an order of the court."

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