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Manchester Evening News
Manchester Evening News
John Scheerhout

Archie Battersbee must die in hospital after hospice bid fails, appeal court judges rule

Archie Battersbee’s parents have lost a bid to challenge a High Court ruling that denied his transfer to a hospice at the Court of Appeal.

The family had sought permission to challenge a ruling by Mrs Justice Theis who concluded it was not in Archie’s best interests to be moved to a hospice.

But the judges considering the application concluded: “In all respects, Theis J’s judgment deals comprehensively with each of the points raised on behalf of the parents.

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“We have reached the clear conclusion that each of her decisions was right for the reasons she gave.

“It follows that the proposed appeal has no prospect of success and there is no other compelling reason for the Court of Appeal to hear an appeal.”

After the Battersbee family lost their case at the High Court earlier today, they lodged an appeal with the Court of Appeal but they lost again.

The family of Archie have now applied to the European Court of Human Rights after losing their latest legal bid to have him moved to a hospice. They are challenging the High Court ruling made on Friday morning, the campaign group Christian Concern said.

Following the earlier ruling, Archie Battersbee's mum said the family was 'broken' after a court ruled that he cannot be allowed to die in a hospice, and must instead stay in hospital.

The mother of Archie Battersbee, Hollie Dance (Dominic Lipinski/PA Wire)

Archie’s mother Hollie Dance said: “All our wishes as a family have been denied by the authorities.

“We are broken, but we are keeping going, because we love Archie and refuse to give up on him.”

Archie's parents lost a High Court bid to have him transferred to a hospice before his life-sustaining treatment is withdrawn.

The 12-year-old has been in a coma since he was found unconscious by his mother in April and is currently being kept alive by a combination of medical interventions, including ventilation and drug treatments, at the Royal London Hospital in Whitechapel, east London.

His parents have fought a long-running legal battle over the withdrawal of his treatment, which ultimately failed on Wednesday when the European Court of Human Rights refused to intervene.

His mother Hollie Dance, and father Paul Battersbee, launched an urgent bid to have him transferred to a hospice to die, resulting in a hearing which ran until late on Thursday night. But, in a ruling on Friday morning, Mrs Justice Theis concluded it was not in Archie’s best interests to be moved.

The ruling was endorsed at the Court of Appeal.

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