Archie Battersbee’s survival machine will be turned off tomorrow

Archie Battersbee’s survival machine will be turned off Wednesday morning local time (Australia Thursday) after his parents lost their battle in the UK Supreme Court.

It comes as judges agreed earlier that it would be illegal to continue life-sustaining treatment for the 12-year-old, The sun reports, which would only “prolong” his death.

Archie’s life support system is due to be disabled at 11 a.m., according to his family.

He was due to finish treatment at midday yesterday before an 11th hour appeal was filed.

But after deliberation, the Supreme Court justices agreed there was “no prospect of meaningful recovery” for the brain-damaged boy.

Lord Hodge, the deputy presiding judge, considered the request for leave to appeal alongside Lords Kitchin and Stephens – the same panel of Supreme Court judges who rejected an appeal offer from Archie’s parents last week.

However, Archie’s mother Hollie has confirmed that her legal team will submit another application to the European Court of Human Rights by 9am local time in a bid to postpone the removal of her respiratory support.

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“Our lawyers will file a complaint with the European Court of Human Rights. They have been given a strict 9 a.m. schedule. Again, short time,” Hollie said.

“We asked very nicely, in a very nice way, ‘Can we take Archie to hospice?’ I think it’s every parent’s right to be able to get their child out of a very noisy hospital for a peaceful and dignified death – as they call it – a dignified death, that’s what all these court cases are about , apparently, Archie’s dignity.

“Well, where is Archie’s dignity and rights now? He doesn’t even have the right to die peacefully in a hospice. So the words of our lawyer were: “They were very brutal and they refused a hospice”.

Archie was found with a ligature on his head after a social media challenge at his home in Southend, Essex on April 7 this year.

The youngster suffered brain damage and has since been unresponsive, being kept alive by mechanical ventilation and fed through a tube.

Announcing the court’s refusal to hear the appeal earlier, the judges said: “The judges have great sympathy for the plight of Archie’s devoted parents who are facing a circumstance which is every parent’s nightmare – the loss of a much loved child.”

“It must be borne in mind that unfortunately the central issue between Archie’s parents on the one hand and the NHS trust, which is supported by Archie’s very experienced guardian, has not been over the Archie’s recovery but on when and how he died,” they added.

“There is no prospect of a significant recovery.

“Even if life support were to be continued, Archie would die over the next few weeks from organ failure and then heart failure.

“Maintaining the medical regime ‘only serves to prolong his death’.

“This conclusion is one that the judge reached only ‘with the deepest regret’.

“While there is evidence that Archie was a child with religious beliefs, was very close to his mother and would not have wished to leave her alone, these are just a few of them. of the factors the courts must consider in their assessment of the best place for Archie.interests lie

“It was in this context that Judge Hayden felt that it would not be legal to pursue life-sustaining treatment.”

The panel concluded: “Under the law of England and Wales, Archie’s best interests and welfare are the primary consideration.

“The panel comes to this conclusion with heavy hearts and wishes to express its deepest sympathy to Archie’s parents at this very sad time.”

Speaking after the noon deadline to turn off Archie’s life support was pushed back yesterday, his mum said: ‘I know Archie is still with us.

“It shows very different signs from what clinicians actually submit to the courts,” she added.

“He’s really there, he’s progressing in so many ways. We have to fight every decision with the hospital.

“There is nothing dignified about the way we are treated like family in this situation.

“We don’t understand what the rush is and why all our wishes are denied.”

A High Court judge has previously ruled stopping treatment was in Archie’s best interests, after experts declared him ‘brain stem dead’.

This has been delayed due to a UN committee making a request to the UK government on Friday urging it to ‘refrain’ from removing him from life support while his case is under review.

However, Sir Andrew McFarlane said on Monday that the Convention on the Rights of Persons with Disabilities, under which the UN committee made its request, is an “unincorporated international treaty” and not part of UK law.

“Every day that [Archie] continues to receive life-sustaining treatment is against their best interests and therefore even a short stay is against their best interests,” he added.

Archie’s treatment was due to end on Monday at the Royal London Hospital in Whitechapel, east London, but his family were granted a short notice.

Then on Tuesday, just 30 minutes after his life support had to be turned off, the Supreme Court upheld an appeal had been filed.

Hollie said she felt ‘hugely disappointed’ with the justice system and ‘continues to be shocked and traumatized by the brutality of the UK courts and hospital trust’ – but hopes things will go her way after the latter call.

“We made a promise to Archie”

“We made a promise to Archie,” said Hollie, who along with Archie’s father Paul has always vowed to “fight until the end” for his son.

“I have my son’s best interests at heart – Paul and the siblings – no one else has Archie’s best interests at heart.

“And I say, and I always stand by it, Archie’s best interest would be to give this kid time to recover.

“If he doesn’t recover, he doesn’t recover, but give him time to recover.”

Describing today how her son has ‘shown’ her that he is improving, Hollie said Hello Brittany“He has a very good stable heart rate, he is maintaining his own blood pressure and he is gaining weight.

“Archie held my hand. I squeezed my fingers so hard they were red. All it needs is time.

“I haven’t been given enough time. We just want time.

A family friend said they were hopeful about the court’s decision.

“Hopefully we’ll have an answer if not today, hopefully tomorrow, if it’s been accepted,” Ella Carter said, speaking outside the hospital.

“We hope they accept our appeal and hear our case – it’s been really frustrating.

“I think it’s hard to have hope after so many disappointments, but we have as much hope as possible.”

This article originally appeared on The sun and has been reproduced with permission

Originally published as Archie Battersbee’s survival machine will be turned off tomorrow