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Archie Battersbee cropped.png
Hollie Dance/ Alamy
Archie Battersbee cropped.png
Hollie Dance/ Alamy
UK News

Archie Battersbee's family win appeal in his case

by Alex Collett

The family of Archie Battersbee have won their appeal to stop the 12-year-old's life support to be switched off.

On Wednesday, the Court of Appeal overturned the decision after Master of the Rolls, the President of the Family Division and Lady Justice King ruled that the case should be heard again, after the High Court judgment determined that Archie was dead.

Andrea Williams, chief executive of the Christian Legal Centre which has been providing support to the family, told Premier Christian News: "The ruling shows the critical importance of never giving up.

"In these difficult moments, nerves and principles are important. This judgment upholds life and will protect many more people from a slippery slope in which the legal definition of death is expanded.

"Where there's life, there's hope. We keep praying that Archie will be able to recover, given more time."

Hollie Dance, 46, who is a Christian, and father Paul Battersbee have been fighting a legal battle since their son was found unconscious with a ligature around his neck in what is believed to be a tragic accident in April.

They had pleaded with hospital bosses and the courts for Archie to be given more time and for him to have more medical tests before making the decision about withdrawing his life support.

However, doctors insisted they believed it is "highly likely" that he is already brain dead and asked the Family Division of the High Court to assess the situation. 
They ruled that it is in Archie's "best interests" to die by removing life support.

During the High Court hearing Professor Alan Shewmon- an eminent paediatric neurologist- gave expert evidence about numerous documented cases where people diagnosed as "brain dead" subsequently recovered.

When he was asked whether there was sufficient evidence for a reliable diagnosis of death in Archie's case, Professor Shewmon replied "absolutely not."
Archie's case will now be heard at the High Court on 11th July 2022, with the understanding that Archie remains alive.
 

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