Archie Battersbee case: Parents permitted to appeal judge's ruling

Undated family handout file photo of Archie Battersbee. A judge is preparing to deliver a ruling on

Archie Battersbee - Credit: Family handout/PA

The parents of a boy being treated at Royal London Hospital who was deemed to be dead by a judge have been given permission to appeal.

Mrs Justice Arbuthnot last week ruled that doctors could lawfully stop providing treatment to Archie Battersbee, 12, after a High Court trial.

Archie’s parents, Hollie Dance and Paul Battersbee, from Southend, Essex, want Court of Appeal judges to consider the case.

On Monday (June 20), Mrs Justice Arbuthnot gave Ms Dance and Mr Battersbee permission to mount an appeal.

Archie Battersbee's mother, Hollie Dance, speaking outside the Royal London Hospital in Whitechapel,

Archie's mother Hollie Dance - Credit: PA

She said there was a “compelling reason” why appeal judges should consider the case.

A barrister leading Archie’s parents’ legal team argued that evidence had not shown “beyond reasonable doubt” that the youngster was dead.

Edward Devereux QC said the decision had been made on a balance of probabilities.

He argued a decision of such “gravity” should have been made on a “beyond reasonable doubt” basis.

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Mrs Justice Arbuthnot decided that appeal judges should consider that standard of proof issue.

A spokeswoman for Archie’s family said relatives are delighted by the judge’s appeal decision.

“We were all really convinced that we weren’t going to get permission to appeal,” added Ella Carter.

“So we’re more than happy at the decision – we’re delighted.”

Doctors treating Archie, who suffered brain damage in April, told Mrs Justice Arbuthnot they think the youngster is “brain-stem dead”.

They said treatment should end and think Archie should be disconnected from a ventilator.

Archie’s parents say his heart is still beating and want treatment to continue.

Following the trial, Mrs Justice Arbuthnot had ruled that Archie was dead and said doctors could lawfully stop treating him.

After the verdict, Ms Dance outlined the family's intention to appeal and said: “I am extremely disappointed by the judge’s ruling after weeks of fighting a legal battle when I wanted to be at my little boy’s bedside.

“This case raises the significant moral, legal and medical questions as to when a person is dead.

"We will not give up on Archie."

Reporting by Press Association.