Archie: Last-minute High Court application filed to allow hospice move

4 August 2022

The parents of Archie Battersbee have filed another last-ditch application this time to the High Court over allowing them to move Archie to a hospice and for him to be allowed palliative oxygen when attempting breathe.

A High Court hearing could come as early as this afternoon, but this is not confirmed.

Hospital opposes transferring Archie

Last night, following the European Court of Human Rights (ECHR) refusal to consider the families’ case, Barts Health NHS Trust set another deadline for the family. The family was told that the Trust would oppose any move by the parents to transfer Archie to a hospice and gave them a 9am deadline to apply to the High Court.

If they failed to meet this deadline, they were told that life-support would be removed at 11am.

The Trust has maintained that they will not begin removing life-support until all legal issues have been resolved.

As well as applying to allow the family to transfer Archie to a hospice away from the highly charged atmosphere of the hospital, lawyers have applied for palliative oxygen to be given to Archie if and when life-support is removed.

This follows the case of Alfie Evans in 2018 where Alfie’s family were legally not allowed to give him oxygen when life-support had been withdrawn. Traumatically, this led to family members having to give him mouth-to-mouth as he made attempts to breathe.

‘I pray the High Court does the right thing’

Responding to the news, Archie’s mum, Hollie Dance, said: “If Archie is denied oxygen if and when life-support is removed I will continue to give him oxygen. I pray that the High Court will do the right thing. If they refuse permission for us to take him to a hospice and for him to receive palliative oxygen it will simply be inhumane and nothing about Archie’s ‘dignity.’

“The whole system has been stacked against us. Reform must now come through Charlie’s Law so that no parents have to go through this. 

“We will fight to end for Archie’s right to live.”

ECHR rejects legal application

Yesterday evening, the European Court of Humans Rights (ECHR) has rejected the urgent legal application from the parents of 12-year-old Archie Battersbee.

In a letter to the family and their legal team, the letter said:

“We regret to inform you that on 3 August 2022 the President of the Court decided not to indicate to the Government of the United Kingdom, under Rule 39 of the Rules of Court, the interim measure you are seeking. Therefore the Court will not interfere with the decisions of the national courts to allow the withdrawal of life sustaining treatment from Archie Battersbee to proceed.”

The family have had offers from doctors in Japan and Italy to treat Archie and are considering these options.

Find out more about Archie Battersbee
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