Archie Battersbee’s life support system will be retired on Saturday morning

Archie Battersbee’s family were told his life support was to be removed on Saturday morning after their legal battle ended to move him from hospital to hospice.

A final appeal to the European Court of Human Rights to intervene in the case was dismissed late on Friday, following a High Court ruling that he must remain at the Royal London Hospital in Whitechapel, North east of London.

His parents had fought a long legal battle over the withdrawal of treatment and in recent days have made offers to the High Court, Court of Appeal and European Court of Human Rights for him to be transferred to a hospice to die there.

Paul Battersbee and Hollie Dance fought a long legal battle over withdrawal of treatment (Jonathan Brady/PA)Paul Battersbee and Hollie Dance fought a long legal battle over withdrawal of treatment (Jonathan Brady/PA)

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

His family was informed that the treatment would be stopped at 10 a.m. 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 spending precious time with Archie.”

Barts Health NHS Trust did not immediately update its statement, referring to its previous position which said no changes would be made to Archie’s care “until outstanding legal issues are resolved”.

Archie Battersbee caseArchie Battersbee has been hospitalized since April (Family/PA)

In a High Court decision on Friday morning, Judge Theis found it was not in Archie’s interests to be transferred to a hospice, and the Court of Appeal rejected leave to do so. appeal of this decision.

Christian Concern said the family wanted to challenge the High Court’s decision arguing that there had been breaches of Articles Six and Eight of the European Convention on Human Rights.

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

But a spokesman for the European court said it had received a request from representatives of Archie’s parents under Rule 39 which allows it to apply “interim measures” in “exceptional” cases, and that the complaints “did not fall within the scope” of this rule and therefore it would not intervene.

Archie Battersbee caseArchie’s life support is to be removed on Saturday morning (Family/PA)

The Court of Appeal judges said Mrs Justice Theis’ decision in the High Court dealt “in full with each of the points raised on behalf of the parents”.

The judges’ judges said they had ‘come to the clear conclusion that each of her decisions was fair for the reasons she gave’.

They added: ‘It follows that the proposed appeal has no chance of success and there is no other compelling reason for the Court of Appeal to entertain an appeal.’

The Court of Appeal judges also said one of the arguments made by Archie’s parents was “legally flawed”, adding: “It is also not easy to understand because it seeks to argue that Archie’s best interests have ceased to be relevant.”

Doctors who have treated the schoolboy for the past four months say Archie is ‘brain stem dead’, sparking a long but ultimately unsuccessful legal battle by his family to continue his treatment for survival in the hope that he would recover.

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