Family of Archie Battersbee await UN decision

A UN committee may decide later this year if the UK government infringed Archie's human rights by withdrawing his life support while the committee was considering his case

A mother who fought in court to keep her son on life support said she was hopeful a UN committee would back her complaint against the UK government.

Archie Battersbee, 12, suffered brain injuries at home in Southend, Essex, in April 2022. He died four months later.

Holly Dance argued that a High Court decision to withdraw his life support treatment violated Archie's rights.

The UN Rights of Persons With Disabilities Committee said it would not comment while inquiries continue.

A month before Archie's death, his family made an application to the UN committee on the basis it had a protocol that allowed individuals and families to "make complaints about violations of disabled people's rights".

The committee asked for life support to continue while it considered the matter.

However, Court of Appeal judges refused the request to postpone the withdrawal of life-sustaining treatment.

Archie spent four months on life support before the High Court decision to withdraw treatment

In April 2023, the UN said the committee would look into the family's submission that the UK High Court decision to withdraw treatment violated Archie's rights.

Ms Dance, who is being supported by the Christian Legal Centre, argued that the court decision violated her son's right to life and right to equal treatment as a disabled person.

'Fight mode'

Speaking to the BBC she said: "The UK refused Archie the right to life because of his disability.

"They [the UN] are now examining the case and we hope for a decision later this year.

"I do expect they'll have something to say with how the UK rides roughshod over the rights of people with disabilities."

Ms Dance said she had been unable to grieve since her son's death, choosing to stay in "fight mode" and campaigning for the rights of families of sick children and for online safety.

"I had a choice to either go downhill or fight and that's what I'm choosing to do," she said.

"Archie and myself are both fighters, I'm going to continue to do my boy proud."

"I respect anyone's decision to remove life support it should be a personal choice, you shouldn't be condemned for making or not making that choice," Ms Dance added.

A coroner ruled in 2023 that Archie Battersbee died accidentally as a result of a "prank or experiment" which went wrong.

Ms Dance pictured in May 2022 outside the High Court in London during her battle to keep her son on life support treatment

The family's legal team last year said the UK government failed to comply with the UN Committee's interim measures and the courts did not ensure obligations under international law were upheld.

A taskforce established to examine recommendations made in an independent review of disagreements in the care of critically children, is due to meet in the summer.

A Department of Health and Social Care (DHSC) spokesperson said: "Our thoughts and sympathies remain with Archie's family and friends, and we recognise the extraordinary complexity for parents and medical professionals when deciding what is in the best interests of a critically ill child.

"The government committed to ensuring that the views of families, carers and clinicians were at the centre of the independent review into disagreements in the care of critically ill children.

"The department is working across government, as well as with NHS England and other key stakeholders, to ensure that the recommendations in the review are taken forward and oversight is maintained."

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