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Archie Battersbee case

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Hollie Dance and Paul Battersbee -v- Barts Health NHS Trust and another
CourtHigh Court of Justice (Family Division)
Decided1 August 2022 (2022-08-01) (Court of Appeal)
Citation"Hollie Dance and Paul Battersbee -v- Barts Health NHS Trust and another". Her Majesty's Courts and Tribunals Service. 2 August 2022. Retrieved 3 August 2022.
Court membership
Judges sittingSir Andrew Mcfarlane, President of the Family Division, Lady Justice King and Lord Justice Moylan
Archie Battersbee
Royal London Hospital
The Royal London Hospital, where Archie had been treated since 8 April 2022
Born(2010-03-10)10 March 2010
Southend-on-Sea, England
Died6 August 2022(2022-08-06) (aged 12)
Royal London Hospital, England
Known forLegal case on withdrawal of his life-supporting treatment.

Archie Battersbee (10 March 2010[1] – 6 August 2022) was a boy from Southend, Essex (England) who was the subject of several court hearings regarding whether or not to withdraw his life support, after he was found unconscious and subsequently considered to have suffered brainstem death. The courts ruled in favour of his medical team at Barts Health NHS Trust, and against his parents, and allowed his life support to be withdrawn.

Accident

On 7 April 2022, Archie was found unconscious by his mother, Hollie Dance, with a ligature over his head; she later stated that she believes he was taking part in a dangerous online TikTok challenge known as the "blackout challenge".[2][3][4] His mother then performed CPR, and called an ambulance.[1] On arrival at Southend University Hospital he remained in cardiac arrest before regaining spontaneous circulation around 40 minutes after his mother had found him unconscious.[1] It is believed that Battersbee sustained brain damage during this cardiac arrest, due to a lack of oxygen to the brain for a sustained period of time.[1] He was transferred the next day to the Royal London Hospital.

A legal dispute between Battersbee's parents, supported by the Christian Legal Centre on one side, and the Barts Health NHS Trust and a Children and Family Court Advisory and Support Service appointed guardian acting for Battersbee on the other, was opened at the High Court. Appeals were heard by the Court of Appeal, and the Supreme Court.

The Trust argued that Battersbee's treatment should not continue as he was brainstem dead. Battersbee's parents argued that he needed more time to heal, and that his religious beliefs should be taken into account, his mother saying that "it is for God to decide what should happen to Archie, including if, when and how he should die."[5] Battersby's family also attempted to involve the European Court of Human Rights, who declined the case, and the United Nations, who had no jurisdiction.

The courts, noting that the Children Act 1989 requires decisions at all stages of a case such as this to be made with the child's welfare paramount,[6] repeatedly ruled that Battersbee's treatment should stop, and all appeals by the family against the courts' rulings were denied. His life-supporting equipment, including mechanical ventilation was finally withdrawn on 6 August 2022 and Battersbee was announced to be deceased shortly afterwards at 12:15pm.[7]

Timeline

April 2022

May 2022

  • 4 May – A further RRO was made, preventing any of the medical staff involved from being named publicly.[1]
  • 13 May – Mrs Justice Arbuthnot ruled that brainstem tests should be carried out.[8]
  • 16 May – Battersbee did not respond to peripheral nerve stimulation tests, a precursor to brainstem tests.[8]
  • 25 May – A hearing was held to decide whether MRI scans should be performed. Battersbee's parents objected to this on the basis that moving him could harm him.[8]
  • 27 May – The court approved the making of MRI scans, which took place on 31 May.[8]
  • 31 May – After many MRI scans, Battersbee was found to be suffering from brain stem death.[8]

June 2022

  • 6–8 June – A hearing was held to decide whether Battersbee's life-support should be continued.[8]
  • 13 June – The High Court ruled that based on evidence from the MRI scan results, Battersbee is dead and that treatment could be withdrawn.[8]
  • 20 June – The Court of Appeal received an appeal from Battersbee's family to reconsider the case.[8]
  • 29 June – The Court of Appeal ruled that a new hearing should take place to determine Battersbee's best interests.[8]

July 2022

  • 11 July – A new hearing took place in the High Court, before Mr Justice Hayden.[8]
  • 15 July – It was ruled that Battersbee's life support treatment should end, with Mr Justice Hayden saying that continuing would be "futile".[8]
  • 25 July – The most recent High Court ruling was endorsed by three Court of Appeal judges.[8]
  • 27 July – Battersbee's father Paul Battersbee was admitted to hospital following a suspected heart attack or stroke. His condition was said to be stable.[9]
  • 28 July – The Supreme Court supported the Court of Appeal's ruling, and ruled out intervention in the case.[8] Paul Battersbee was released from hospital.[10]
  • 29 July – The family made an application to the United Nations' Commission for The Rights of People of Disability (UNCRDP).[8]
  • 30 July – UNCRDP requested a delay to the withdrawal of Battersbee's life-support treatment to allow time for it to consider the case.[8]

August 2022

  • 1 August – The Court of Appeal (Sir Andrew McFarlane, Lady Justice King and Lord Justice Moylan) ruled that withdrawal of life-support should not be postponed beyond 12:00 BST on 2 August; the UNCRDP request was dismissed as non-binding.[11]
  • 2 August – Shortly after 12:00 BST, the family submitted an urgent appeal to the Supreme Court. The Court confirmed the application and stated that three justices would consider the application.[4] The appeal was ultimately rejected the same day by the Court, with "a heavy heart".[12][13][14]
  • 3 August – The family announced that they would submit an application to the European Court of Human Rights (ECHR), and were given until 09:00 BST to prepare their case, with the Trust saying that treatment would stop at 11:00 BST if the application was not made in time.[15] The Christian Legal Centre submitted the application on time on the family's behalf.[16] This application was turned down by the ECHR, stating that they would not interfere with the UK Court's rulings.[17]
  • 4 August – After exhausting all legal avenues of appeal, the family sought legal permission to move Battersbee to a hospice, despite doctors declaring this a significantly risky operation with a high chance of his condition deteriorating even in a short journey by ambulance with full intensive care equipment and staff on board. No changes were to be made to his care whilst legal processes were ongoing, the Trust said.[18]
  • 5 August – The High Court ruled that Battersbee must not be moved to a hospice and must spend his final days at the hospital. Dance said that the hospital would withdraw treatment the next day, and that all legal avenues to continue treatment had been exhausted.[19]
  • 6 August – Battersbee's life support was withdrawn, and soon after he was pronounced dead.[20]
  • 7 August – Battersbee's family demanded an enquiry into his treatment by the NHS.[21]

Summary of judgments

Court Judge(s) Opinion Date
High (Family) Mrs Justice Arbuthnot Brain stem test should take place. 13 May[22]
High (Family) Mrs Justice Arbuthnot Battersbee is brain-dead, and deemed to have died at noon on 31 May 2022; withdraw treatment. 13 June[23]
Appeal (Civil)
Appeal succeeds on one count and Battersbee no longer deemed dead; return case to High Court to determine best interest. 6 July[24]
High (Family) Mr Justice Hayden Treatment is futile. 15 July[25]
Appeal (Civil)
Appeal is refused, treatment can end. 25 July[26]
Appeal (Civil)
  • Sir Andrew McFarlane (PFD)
  • Lady Justice King
  • Lord Justice Moylan
 UN Convention is not law. Stay against best interests. 1 August[27]
Supreme
Appeal is refused, treatment can end. 2 August[28]
ECHR Complaints inadmissible. 3 August[29]

See also

References

  1. ^ a b c d e f "In The High Court Of Justice Family Division" (PDF). Archived (PDF) from the original on 6 August 2022. Retrieved 6 August 2022.
  2. ^ "Fight for Archie's life 'at final stage', says mum, as Supreme Court bid lodged". ITV News. 2 August 2022.
  3. ^ Smith, Reanna (1 August 2022). "Archie Battersbee is 'born fighter' who loved gymnastics before tragic accident". mirror. Archived from the original on 6 August 2022. Retrieved 2 August 2022.
  4. ^ a b "Supreme Court to consider Archie Battersbee's treatment as parents' battle continues". www.nationalworld.com. 2 August 2022. Archived from the original on 6 August 2022. Retrieved 2 August 2022.
  5. ^ "Archie Battersbee: How did life support battle end up in court?". BBC News. 29 July 2022. Archived from the original on 6 August 2022. Retrieved 2 August 2022.
  6. ^ "Hollie Dance and Paul Battersbee -v- Barts Health NHS Trust and another". UK Judiciary. Archived from the original on 6 August 2022. Retrieved 3 August 2022.
  7. ^ "Archie Battersbee 'fought until the end', says mum after son dies". BBC News. 6 August 2022. Archived from the original on 6 August 2022. Retrieved 6 August 2022.
  8. ^ a b c d e f g h i j k l m n o p q r "Archie Battersbee: How did life support battle end up in court?". BBC News. 29 July 2022. Archived from the original on 2 August 2022. Retrieved 2 August 2022.
  9. ^ "Archie Battersbee's dad admitted to hospital". BBC News. 26 July 2022. Archived from the original on 2 August 2022. Retrieved 2 August 2022.
  10. ^ "Archie Battersbee's father released from hospital after being taken ill". BBC News. 27 July 2022. Archived from the original on 2 August 2022. Retrieved 2 August 2022.
  11. ^ "Archie Battersbee: Judges reject allowing more time for UN to consider case". BBC News. 1 August 2022. Archived from the original on 6 August 2022. Retrieved 2 August 2022.
  12. ^ "Archie Battersbee: Family loses appeal to Supreme Court". BBC News. 2 August 2022. Archived from the original on 2 August 2022. Retrieved 2 August 2022.
  13. ^ "Archie Battersbee: parents fail to stop planned withdrawal of life support treatment". the Guardian. 2 August 2022. Archived from the original on 2 August 2022. Retrieved 2 August 2022.
  14. ^ "Dance & Battersbee v Barts Health NHS Trust – Permission to Appeal decision – The Supreme Court". www.supremecourt.uk. The Supreme Court. Archived from the original on 2 August 2022. Retrieved 2 August 2022.
  15. ^ "Archie Battersbee: Parents to take case to European Court of Human Rights". BBC News. 3 August 2022. Archived from the original on 3 August 2022. Retrieved 3 August 2022.
  16. ^ "Archie Battersbee: Mum says life support could end on Wednesday". BBC News. 3 August 2022. Archived from the original on 2 August 2022. Retrieved 2 August 2022.
  17. ^ "Archie Battersbee: European Court of Human Rights turns down parents' case". BBC News. 3 August 2022. Archived from the original on 6 August 2022. Retrieved 3 August 2022.
  18. ^ "Archie Battersbee: Family seek permission for hospice move". BBC News. 4 August 2022. Archived from the original on 4 August 2022. Retrieved 4 August 2022.
  19. ^ "Archie Battersbee: Family devastated as legal routes exhausted". BBC News. 6 August 2022. Archived from the original on 6 August 2022. Retrieved 6 August 2022.
  20. ^ "Archie Battersbee dies following legal battle". BBC. 6 August 2022. Archived from the original on 6 August 2022. Retrieved 6 August 2022.
  21. ^ Mirror, Daily (7 August 2022). "Archie Battersbee's family demand inquiry as no one must 'go through this again'". Daily Mirror.
  22. ^ "Barts Health NHS Trust v Dance". British and Irish Legal Information Institute. Retrieved 7 August 2022.
  23. ^ "Barts Health NHS Trust -v- Dance & Battersbee (2)". Courts and Tribunals Judiciary. Archived from the original on 6 August 2022. Retrieved 5 August 2022.
  24. ^ "Dance & Battersbee -v- Barts Health NHS Trust and Another". Courts and Tribunals Judiciary. Archived from the original on 9 July 2022. Retrieved 5 August 2022.
  25. ^ "Barts Health NHS Trust -v- Battersbee". Courts and Tribunals Judiciary. Archived from the original on 6 August 2022. Retrieved 5 August 2022.
  26. ^ "Hollie Dance and Paul Battersbee -v- Barts Health NHS Trust and another (Court of Appeal Civil Division judgment)". Courts and Tribunals Judiciary. Archived from the original on 27 July 2022. Retrieved 5 August 2022.
  27. ^ "Dance & Anor v Barts Health NHS Trust & Anor (Re Archie Battersbee)". British and Irish Legal Information Institute. Retrieved 7 August 2022. {{cite web}}: |archive-date= requires |archive-url= (help)
  28. ^ "Dance & Battersbee v Barts Health NHS Trust – Permission to Appeal decision )". UK Supreme Court. Archived from the original on 4 August 2022. Retrieved 5 August 2022.
  29. ^ "Request for interim measures refused in case concerning the withdrawal of life sustaining treatment". European Court of Human Rights. Retrieved 5 August 2022.
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