Archie Battersbee’s family won an appeal against a decision that said the 12-year-old was dead. The judges of the Court of Appeal said that the case should be sent back to the Supreme Court, where it will be tried by a judge who will decide if it is in his interest to terminate the life support treatment. Archie’s parents, Hollie Dance and Paul Battersbee, argued that Supreme Court Justice Justice Arbuthnot had erred in her recent decision, which concluded that doctors could legally stop treating him. Three appeals courts heard the case at a London Court of Appeals hearing on Wednesday and said there should be another hearing in the Supreme Court. Speaking after the decision, Ms Dance said the family was “happy”, adding: “We wanted another hearing and we have everything we wanted.” Mr Battersbee said: “It could not have gone better today. The new hearing is scheduled for July 11. Archie Battersbee’s mother, Hollie Dance, right, and family friend Ella Carter outside the High Court in London. Credit: PA Archie suffered a brain injury at home on April 7 and was found unconscious with a ligament over his head. His mother, who found him, believes he may have been involved in an online challenge. He has not regained consciousness. Lawyers representing Archie’s parents, Hollie Dance and Paul Battersbee, from Southend, Essex, began filing their case Wednesday morning. Edward Devereux QC, who heads Archie’s parents’ legal team, told the judges: “The case should be referred to a Supreme Court judge, who should consider whether it is in Archie’s interest to continue life-saving therapy “. Appellant Sir Geoffrey Vos, Master of the Rolls. Sir Andrew McFarlane, President of the Family Division of the Supreme Court and Senior Family Court Judge in England and Wales; and Lady Justice King made their decision Wednesday afternoon. Archie Battersbee was found unconscious at home on April 7. Credit: Hollie Dance Doctors treating Archie at the Royal London Hospital in Whitechapel, east London, told Justice Arbuthnot they thought he was “brain dead”, that treatment should end and Archie should be disconnected from the ventilator. Archie’s parents say his heart is still beating and they want the treatment to continue. They had previously asked the judge for more time and said they would “pray for miracles” for their son. Following the Supreme Court judge’s decision that Archie was already dead and that the doctors could legally stop his treatment, his family signaled their immediate intention to appeal. Speaking outside the court, Ms Dance vowed to fight the decision and said the hospital was facing “the biggest battle ever.” At a hearing to determine whether the family could appeal, Ms Justice Arbuthnot heard comments from the family’s lawyers and concluded that there was a “compelling reason” for the case to be sent to the Court of Appeal. Mr Devereux said her evidence did not show “beyond a reasonable doubt” that Archie was dead. He said a decision had been made on the basis of a balance of possibilities – and argued that a decision of such “gravity” should have been made on the basis of “beyond a reasonable doubt”. Mr Devereux argued that judges should apply a “standard of proof beyond a reasonable doubt”, not a balance of probability, when deciding whether to declare Archie dead. Do you want a quick and specific update on the biggest news? Listen to our latest podcasts to find out what you need to know
