Monday 13 June 2022 06:16 PM Archie Battersbee's mother insists her 'son is still there' after judge ruled ... trends now

Archie Batterbee's devastated mother has vowed 'I will not give up my fight for my son' after a judge ruled the 12-year-old is 'likely' to be 'brain stem dead' and should no longer be kept on life support.

The brain-damaged schoolboy has been at the centre of a High Court dispute after doctors treating him at the Royal London Hospital in Whitechapel, London, said they believed he was brain dead and his ventilator should be disconnected.

His parents, Hollie Dance, 46, and Paul Battersbee, 56, want his treatment to continue and believe, if given more time, his condition could improve.

Archie has been in a coma since he was found unresponsive with a ligature around his neck at his home in Southend, Essex, on April 7.

Ms Dance believes her son, a talented gymnast, choked while taking part in a viral social media trend known as the 'blackout challenge' that first began circulating online 14 years ago.

On the eve of the decision, she issued a last-gasp appeal to the High Court judge to 'find it in your heart to give my son the time to heal'.

But in her ruling today, Mrs Justice Arbuthnot said: 'I find that Archie died at noon on May 31 2022, which was shortly after the MRI scans taken that day,' said the judge in a written ruling.

'I find that irreversible cessation of brain stem function has been conclusively established.

'I give permission to the medical professionals at the Royal London Hospital to cease to ventilate mechanically Archie Battersbee.'

Speaking after the hearing, Ms Dance fought back tears as she vowed to challenge the ruling. 

Mrs Justice Arbuthnot has not yet given a timeframe for an appeal to be lodged, but lawyers representing the family say they will be asking for a stay of execution so Alfie's life support is not switched off until an appeal process has concluded.

Arguments would be heard by the Court of Appeal, which has the power to dismiss the appeal, but if given the green light, the case could be heard at the Supreme Court - the final appeal court for civil cases in the UK.

A spokesperson for the Christian Legal Centre, which is supporting the family's case, said the 'legally complex' process could take months.

Ms Dance said today: 'I am devastated and extremely disappointed by the judge’s ruling after weeks of fighting a legal battle, when I wanted to be by my little boy’s bedside.

'Basing a judgement on an MRI test and is “likely” to be dead is not good enough. I feel sickened at the hospital and the judge have failed to put the wishes of the family into consideration.

'I do not believe Archie has been given enough time. His heart is still beating he has gripped his hand and as his mother and my gut instincts I know my son is still there.

'Until it’s God's way I wont accept he should go. I know of miracles when people have come back from being braindead.

'We do intend on appealing, this is only the start, I will not give up my fight for my son.'

Andrea Williams, chief executive of the Christian Legal Centre, said: 'This ruling is a devastating moment for Archie and his family.

'The idea that death can be declared on the balance of probability is frankly ludicrous.

'Life is the most precious gift that we have. This ruling sets a troubling and dark precedent.

'This case has raised significant moral, legal and medical questions as to when a person is dead.

'Archie's parents do not accept that he is dead and are fighting courageously for his life.

They will not give up now and intend to appeal. We will continue to stand with the family and continue to pray for a miracle.'

Alistair Chesser, the chief medical officer at Barts Health NHS Trust, expressed sympathies for Archie's family today, adding that the hospital will give them time to appeal.

Speaking outside the Royal London Hospital, Mr Chesser said: 'This is a sad and difficult time for Archie's family and our thoughts and sympathies are with them as they come to terms with what has happened.

'In line with the guidance issued by the court, our expert clinicians will provide the best possible care while life support is withdrawn.

'We are also ensuring that there is time for the family to decide whether they wish to appeal before any changes to care are made.'

The family were represented in court by lawyer Bruno Quintavalle and consultant Pavel Stroilov, who worked on the Alfie Evans case. The family of Alfie, a 23-month old boy, lost a High Court life support dispute after Alder Hey Children's Hospital NHS Foundation Trust argued that it was not in his 'best interests' to continue treatment.

His family wanted his treatment to continue in Italy, but a High Court judge ruled against them, before the Court of Appeal and Supreme Court dismissed their appeals. He died in April 2018.

Ms Dance has said fighting for her son's treatment to continue has been 'agonising', adding that there are 'a lot of kids being sentenced to death' by decisions made at the Royal London Hospital where he is on life support.

Also speaking with journalists outside the hospital in Whitechapel, east London, she said: 'I'm not the only one going through this.

'There's people up there (in the hospital) at the moment who have been told on day three that their child is brain dead.

'There's a lot of kids being sentenced to death through this hospital. This is not just for Archie now, it's for the other children as well.'

When asked what the last few weeks had been like, she said: 'Agonising. 'It's torture, it's not just appearing in court for those two hours, I'm leaving in at 9am and getting back to the hospital at 7.30 at night.

'Because that's my little boy in there, that time is precious.'

Hollie Dance has described receiving the High Court decision on her son's life support online rather than having it read out in court by the judge as 'shameful' and 'insensitive'.

'She

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