Archie Battersbee: Family refused permission for hospice move

2 years ago 23
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Archie BattersbeeImage source, Hollie Dance

Image caption,

Archie Battersbee suffered brain damage in an incident at home on 7 April and has not regained consciousness

The family of 12-year-old Archie Battersbee cannot move him to a hospice for withdrawal of treatment, a High Court judge has ruled.

His family applied for permission after the European Court of Human Rights (ECHR) refused a request to delay the withdrawal of life-sustaining support.

Archie's mother wanted him "in a peaceful hospice to say goodbye" after a long legal battle.

Doctors had warned there was "significant risk" in moving him.

Archie, who is being treated at the Royal London Hospital, suffered injuries at home in Southend on 7 April - his mother believes he may have been taking part in an online challenge.

Archie's family asked Mrs Justice Theis, who heard evidence relating to the move at a hearing on Thursday, for permission to appeal the decision but were denied.

'Peacefully and privately'

The judge gave a delay to treatment being withdrawn until 14:00 BST for the family to make an application to appeal directly to the Court of Appeal.

In her ruling on Friday Mrs Justice Theis concluded it was not in Archie's best interests to be moved.

She said: "Archie's best interests must remain at the core of any conclusions reached by this court.

"When considering the wishes of the family, why those wishes are held, the facilities at the hospice, what Archie is likely to have wanted... the risks involved in a transfer... and the increasing fragility of his medical condition, I am satisfied that when looking at the balancing exercise again his best interests remain as set out (in the ruling of July 15), that he should remain at the hospital when treatment is withdrawn."

She added: "The circumstances outlined by Dr F of the physical arrangements at the hospital and the arrangements that can be made will ensure that Archie's best interest will remain the focus of the final arrangements to enable him peacefully and privately to die in the embrace of the family he loved."

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