by An appeals court hearing will take place on Monday morning in the long-running legal battle over whether to turn off life support for 12-year-old Archie Battersbee.
It is understood that the virtual hearing, which will take place at 11am, will consider a request by the UN Committee on the Rights of Persons with Disabilities (CRPD) to keep Archie alive so it can consider his case. A legal stay at the end of treatment at the Royal London Hospital in Whitechapel, east London, has been extended until 1pm on Monday.
Barts Health NHS trust, which runs the hospital, had written to the family at the weekend to inform them it intended to end treatment at 2pm on Monday.
Earlier on Sunday evening, ministers had asked the High Court to “urgently consider” a request by the United Nations to stop life support treatment ending for Archie. The letter, seen by PA Media, was written on behalf of Steve Barclay, the health secretary. It states that the CRPD has asked the British government to refrain from withdrawing the treatment until the matter has been dealt with in the committee.
“In the circumstances we want to withdraw [UN] the committee’s petition for interim measures to the court’s attention for its urgent consideration,” the letter reads. It also asked for the letter to be “placed before the emergency department immediately” or before Justice Hayden, who has previously heard the case.
An earlier letter from the committee to Archie’s family said it had asked the government “to refrain from withdrawing life-sustaining medical treatment, including mechanical ventilation and artificial nutrition and hydration, from the alleged victim while the matter is pending before the committee”.
Alistair Chesser, chief medical officer for Barts Health, said the plan to withdraw medical care would go ahead unless the court decides otherwise on Monday.
He said: “Our deepest sympathies are with Archie’s family at this difficult time.
“We understand that a court hearing will take place on Monday morning and we await the outcome. The plan to withdraw the treatment will continue unless the court orders otherwise.”
Over the weekend, Barts Health sent a letter to Archie’s parents, Hollie Dance and Paul Battersbee, saying “all fluid infusions, medications, including vasopressin will be stopped” at 14.00 1 August.
The child has been in hospital since April after Dance found her son with a ligature over his head. Doctors treating him at the Royal London Hospital in east London believe he is brain-stem dead and say continued life support is not in his best interests.
However, his family have mounted legal challenges to keep Archie’s ventilator – a machine that helps move air in and out of the lungs – switched on and treatment continued.
His mother had called on Barclay to “act immediately” to stop the treatment, saying it would be “a flagrant violation” of the boy’s rights and calling on the United Nations to intervene.
The letter from Bart’s trust said: “We understand that any discussions surrounding the withdrawal of Archie’s treatment are very difficult and painful. However, we want to ensure that you and your family are involved as much as you want to be.”
A High Court judge had ruled that ending the treatment is in Archie’s best interests, after reviewing evidence. Dance wrote to Barclay on Saturday: “If this happens, it will be an extraordinary cruelty and a clear violation of Archie’s rights as a disabled person.
“Archie has the right to have the decisions about his life and death, made by the NHS and UK courts, scrutinized by an international human rights body. To hasten his death to prevent that would be completely unacceptable.”
A Department of Health and Social Care spokesman said: “We realize this is an exceptionally difficult time for Archie Battersbee’s family and our thoughts are with them.
“The government asked the Supreme Court to immediately assess the request from the UN Committee on the Rights of Persons with Disabilities.”
