His parents reportedly asked for a review after a High Court judge concluded that the 12-year-old was dead. Mrs Justice Arbuthnot recently ruled th
His parents reportedly asked for a review after a High Court judge concluded that the 12-year-old was dead. Mrs Justice Arbuthnot recently ruled that doctors could lawfully stop providing treatment to Archie, withdrawing his life support, after considering evidence at a trial in the Family Division of the High Court in London.
Three appeal judges today ruled that evidence relating to what was in Archie’s best interests should be reconsidered by a different High Court judge, Mirror Online reports.
It comes after High Court judge Mrs Justice Arbuthnot concluded Archie Battersbee was dead and that doctors could lawfully stop providing treatment.
The schoolboy’s parents were given the green light to take the case to the Court of Appeal.
Today, the Court of Appeal judges considered arguments at the hearing in London. Doctors treating Archie at the Royal London Hospital in Whitechapel, East London, has told Mrs Justice Arbuthnot they think he is “brain-stem dead”.
They said treatment should end and Archie should be disconnected from a ventilator.
Parents Hollie Dance and Paul Battersbee, of Southend, Essex, said his heart is still beating and want treatment to continue.
Ms Dance has also said he has felt him squeeze her hand and that she’s been given a “glimmer of hope” after Archie had responded to music and smell.
Lawyers representing the Royal London Hospital’s governing trust, Barts Health NHS Trust, asked Mrs Justice Arbuthnot to decide what moves were in Archie’s best interests.
Mrs Justice Arbuthnot concluded Archie was dead and said treatment should end, but she said there was a “compelling reason” why appeal judges should consider the case.
A barrister leading Archie’s parents’ legal team had argued evidence has not shown “beyond reasonable doubt” that he is dead.
Edward Devereux QC said the decision had been made on a balance of probabilities.
He argued a decision of such “gravity” should have been made on a “beyond reasonable doubt” basis.
Mrs Justice Arbuthnot decided appeal judges should consider that standard of proof issue.
Archie suffered brain damage in an incident at home in early April.
Ms Dance said she found her son unconscious with a ligature over his head on April 7 and thinks he might have been taking part in an online challenge.
He has not regained consciousness.