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Daily Mirror
Daily Mirror
Alahna Kindred

Archie Battersbee's parents launch appeal after bid to move to him to hospice rejected

Archie Battersbee 's parents have launched a new bid with the Court of Appeal after the High Court ruled the schoolboy cannot be transferred to a hospice to die.

Hollie Dance and Paul Battersbee applied to the High Court yesterday to request moving the 12-year-old to a hospice after insisting they should be the ones to determine where he spends his final moments.

This morning, a judge ruled that he should remain in hospital when his treatment is withdrawn.

The Barts Health NHS Trust has said there will be no changes to Archie's treatment "until the outstanding legal issues are resolved".

A spokesperson for the judiciary confirmed shortly after that the Court of Appeal has received an application from Archie's family for permission to appeal.

Ms Dance said after the ruling: "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 has been in hospital since April (PA)
The boy's parents have been fighting to keep Archie's life support on (Hollie Dance / SWNS)

This morning Mrs Justice Theis refused permission to appeal against her ruling but the family is able to pursue a challenge directly with the Court of Appeal.

She granted a stay, or delay, of withdrawal of treatment until 2pm to give the parents time to submit their latest application.

Ms Dance said yesterday it would be "inhumane" if the court refused to grant permission to take Archie to a hospice to "have a dignified passing" and vowed to "fight until the end".

The schoolboy has been in hospital since he was found unconscious by his mother in April.

Archie 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.

Hollie Dance speaks to the media outside the Royal London hospital (PA)

The Barts Health NHS Trust has previously explained that moving Archie to hospice would come with "considerable risk".

They explained because he is in an "unstable condition" there is a risk of even moving him within his hospital bed.

It explains: "This means that in his condition, transfer by ambulance to a completely different setting would most likely hasten the premature deterioration the family wish to avoid, even with full intensive care equipment and staff on the journey. We have explained this to his family."

Archie Battersbee, 12, suffered a catastrophic brain injury (PA)

The hospital adds that the High Court order from July 15, which has been upheld on an appeal, requires Archie remains at The Royal London Hospital while his treatment is withdrawn.

This morning's ruling further upheld what was determined on July 15.

It follows a dramatic week of appeals and applications to various courts to try and postpone the withdrawal of Archie's treatment.

Archie's life support was due to be switched off on Monday, but the Court of Appeal hearing didn't conclude until late afternoon.

Hollie Dance says she's going to fight as hard as she can for her son (PA)
Archie Battersbee with his mother Hollie Dance (PA)

The three judges considering the matter then refused to postpone the withdrawal of treatment beyond midday on Tuesday.

On Wednesday, the European Court of Human Rights rejected their 11th-hour application to postpone withdrawing treatment for Archie.

Doctors treating him have said he was brain-stem dead and that continued life-support treatment was not in his best interests.

On Tuesday, Ms Dance and Mr Battersbee dramatically submitted an appeal to the Supreme Court asking for treatment to continue while the UN Committee on the Rights of Persons with Disabilities (UNCRPD) - and was denied.

On Wednesday, the family submitted an 11th-hour application to the European Court of Human Rights - but it was rejected.

The High Court had previously found that Archie can't feel pain and so his current treatment regime does not cause him any pain or distress.

Damage to his spinal cord could also prevent his breathing independently regardless of any damage to his brain, it's claimed.

It is believed Archie may have been taking part in the dangerous "blackout" social media craze, where people choke themselves until they pass out at the time of the accident.

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