Archie Battersbee was taken off life support on Saturday morning

Archie Battersbee was taken off life support on Saturday morning

Archie Battersbee’s family have been told his life support is to be taken off Saturday morning after their legal battle to get him from hospital to a hospice ended.

A final request for the European Court of Human Rights to intervene in the case was denied late Friday after the Supreme Court ruled he must remain at the Royal London Hospital in Whitechapel, east London.

His parents had fought a long-running legal battle over treatment withdrawal and in recent days have petitioned the Supreme Court, the Court of Appeal and the European Court of Human Rights to place him in a hospice to die.

Paul Battersbee and Hollie Dance have had a long-running treatment termination legal battle (Jonathan Brady/PA)

Paul Battersbee and Hollie Dance have had a long-running treatment termination legal battle (Jonathan Brady/PA)

The 12-year-old has been in a coma since his mother found him unconscious in April and is being kept alive with a combination of medical interventions, including ventilation and drug treatment.

His family have been told treatment will stop at 10am on Saturday.

A spokesman for campaign group Christian Concern, which supports Archie’s family, told the PA news agency: “All legal avenues have been exhausted.

“The family is devastated and is spending quality time with Archie.”

Barts Health NHS Trust did not immediately update its statement, instead referencing its earlier position saying no changes will be made to Archie’s care “until the outstanding legal issues are resolved”.

Trial against Archie Battersbee

Archie Battersbee has been in hospital since April (Family/PA)

In a High Court ruling on Friday morning, Ms Justice Theis concluded that it was not in Archie’s best interests to be placed in a hospice and the Court of Appeal refused leave to appeal that decision.

Christian Concern said the family wanted to challenge the Supreme Court ruling, arguing there had been a violation of Articles 6 and 8 of the European Convention on Human Rights.

Article six is ​​the right to a fair trial and article eight the right to respect for private and family life.

However, a spokesman for the European Court said it had received a request from representatives of Archie’s parents under Rule 39, allowing it to use “interim measures” in “exceptional circumstances” and that the complaints were “outside the scope” of that rule and so it would not intervene.

Trial against Archie Battersbee

Archie’s life support to be taken off Saturday morning (Family/PA)

Judges at the Court of Appeal said Ms Judge Theis’ decision in the High Court “dealed comprehensively with each of the points raised on behalf of the parents”.

The judges said they “reached the clear conclusion that each of her decisions was correct for the reasons she gave.”

They added: “It follows that the proposed appeal has no prospect of success and there is no other compelling reason for the Court of Appeals to hear an appeal.”

The appeals court judges also said one of Archie’s parents’ arguments was “legally flawed,” adding, “It’s not easy to understand either, as it tries to argue that Archie’s best interests are no longer relevant.”

Doctors treating the student for the past four months pronounced Archie “brain dead”, leading to a protracted but ultimately failed legal battle by his family to continue his life support treatment in hopes he would recover.

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