After a lengthy legal battle, it has been decided that Archie Battersbee (12) will be disconnected from the ventilator that keeps him artificially alive.
Updated less than 20 minutes ago
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“As a mother, my gut says my boy is in there and I will continue to fight for him,” Archie’s mother, Hollie Dance, told ITV Good Morning Britain.
Archie was found unconscious in his home on April 7, with major damage. He has not regained consciousness since, and is now in a coma at The Royal London Hospital in Whitechapel, east London.
The mother believes that her son has taken part in a so-called “Blackout challenge” on TikTok.
“The blackout challenge” involves suffocating yourself, then filming it and posting it on TikTok.
Several children, all under the age of 15, have died trying to complete the challenge, and now the social media platform is being sued by several of the parents, reports The Guardian.
TikTok, on the other hand, believes that the challenge arose long before TikTok, and that most people hear about the challenge from sources other than TikTok.
–“Brain stem death”
The doctors at The Royal London Hospital say that Archie has extensive damage to the brain stem, and images of the brain show signs of weakening of critical functional areas.
Because of this, the doctors believe that there is very little chance of recovery, and recommend that the life-sustaining treatment be ended.
Hollie Dance, on the other hand, says that she has hope that her son will get better.
Will not delay
Dance therefore went to court to overturn the doctors’ decision.
– This is not correct. Archie is my child. It should not be up to others to decide whether he will take his last breath, whether he will live or die. That’s wrong, said Hollie Dance til BBC.
The family has not been successful in any of the British courts, and appealed the case further.
A decision from the High Court, which corresponds to the Norwegian Court of Appeal, stated that further treatment is futile, and that all bodily functions are kept alive by artificial means.
–Ask the UN for help
The family then submitted an application to the United Nations Committee on the Rights of Persons with Disabilities (UNRPD), arguing that the decision to withdraw the treatment contravenes the rights of the disabled.
The UK has recently implemented the Convention.
On Monday, the parents were granted a hearing with the “Court of Appeal”, after the authorities asked the judges to immediately consider a request from the UN committee to continue the treatment of Archie while the committee considers the case.
On Tuesday, three judges refused to postpone the end of the proceedings, and further decided that the family cannot appeal the decision. The High Court judges said they had great sympathy for Archie’s parents, but that there was no prospect of any meaningful recovery.
– According to English and Welsh law, Archie’s best interests and welfare are the most important consideration.
The panel comes to this decision with a heavy heart and wishes to extend our deepest sympathies to Archie’s parents at this difficult time, the judges said in their decision.
In the United Kingdom, a Supreme Court judgment says that the fundamental question a doctor must consider in such a situation is not whether it is lawful to end treatment, but whether it is lawful to continue treatment.
Wednesday
Barts Health NHS Trust, which manages The Royal London Hospital, planned to end treatment at 12, Norwegian time, Wednesday, unless the family submits a request to the European Court of Human Rights in Strasbourg by 9 o’clock on the same day.
The family submitted a request, and the end of the treatment was postponed pending the processing of the application.
Now the family has had their application rejected. The Court of Human Rights says it will not interfere with the decision of the British courts.
The treatment was scheduled to end at 12 noon, Norwegian time, on Thursday.
As a last ditch effort, the family has applied to transfer Archie to hospice, despite the fact that the doctors say it involves great risk to move him.
The treatment has thus not ended as of now.
– I promised Arch, along with his father, that I will fight to the bitter end, and that’s exactly what we’re going to do, says Hollie to National World.
The family has been offered to move their son to Japan or Italy, but the British authorities do not allow Archie to be moved out of the country.
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