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Archie Battersbee. PA

European Court of Human Rights refuses to postpone the withdrawal of UK boy’s life support

Archie Battersbee has been in a coma since he was found unconscious in April.

LAST UPDATE | 3 Aug 2022

A LAST-DITCH bid by the parents of a 12-year-old UK boy to postpone the withdrawal of his life support has been refused by the European Court of Human Rights.

Archie Battersbee has been in a coma since he was found unconscious in April and is being kept alive by a combination of medical interventions, including ventilation and drug treatments, at the Royal London Hospital in Whitechapel, east London.

His parents submitted an application to the Strasbourg-based court on Wednesday morning, just a few hours before Barts Health NHS Trust had been expected to withdraw their son’s life support.

But shortly after 6.30pm, the European court said it had refused the parents’ request, adding that it would not “interfere with the decisions of the national courts to allow the withdrawal of life-sustaining treatment from (Archie) to proceed”.

His parents, Hollie Dance and Paul Battersbee, have been involved in a series of legal efforts regarding their son’s condition.

He was found unconscious at his home by his mother on 7 April and has not regained consciousness since. She believes he was taking part in an online challenge.

Dance and Battersbee were granted a Court of Appeal hearing on Monday after the British Government asked judges to urgently consider a request from a UN committee to keep treating Archie while it reviews his case.

However, after considering the matter, three judges refused to postpone the withdrawal of life-sustaining treatment beyond midday on Tuesday.

They also refused to grant permission to appeal against their ruling at the Supreme Court.

Dance and Battersbee filed an application directly with the UK Supreme Court, asking for his treatment to continue so the UN Committee on the Rights of Persons with Disabilities (UNCRPD) could have time to consider their complaint, made last week.

But, refusing permission to appeal, a panel of three justices concluded the Court of Appeal “made the correct decision”.

Supreme Court judges said they have “great sympathy” with Archie’s parents but added there is “no prospect of any meaningful recovery”.

Earlier on Wednesday, Dance vowed to “fight ’til the bitter end” for her son.

She said: “I promised Arch, same with his dad, that we will fight ’til the bitter end, and that’s exactly what we’re going to do.

“We’re going to fight for the right for my son to live.”

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28 Comments
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    Mute Alison Maguire
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    Sep 14th 2020, 8:59 AM

    Too much paperwork. This only adds to the burnout that many child protection workers face. The job of a social worker has become too administrative and less front line

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    Mute Murr Paul
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    Sep 14th 2020, 11:24 AM

    @Alison Maguire: Do you think its the front line(visiting dysfunctional homes were there’s child abuse) or the admin element that causes turnover in staff ……

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    Mute Alison Maguire
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    Sep 14th 2020, 6:12 PM

    @Murr Paul: the frontline also deal with a lot of admin

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    Mute Anne Kearney
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    Sep 14th 2020, 9:27 AM

    I believe there is room for all, please note that some of the private agencies are social enterprises that re-investing the children in their care.
    As a country though we need to really start investing in support of vulnerable families from pregnancy, good preschools good family support. Our legislation also needs a complete overhaul with a much stronger emphasis on what’s in a child’s best interest not the parents. A child in foster care can at any time be returned to the birth parents, how can a child fully commit to a new family if they are aware of this.

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    Mute Murr Paul
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    Sep 14th 2020, 11:27 AM

    @Anne Kearney: A child in foster care can at any time be returned to the birth parents, how can a child fully commit to a new family if they are aware of this.

    A child will always want to return to their parents as when turned 18 kick out by foster families regardless.

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    Mute Anne Kearney
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    Sep 14th 2020, 4:39 PM

    @Murr Paul: a significant number of foster carers would and do keep the child in their care after the age of 18. I feel some of the issue is the after care work that goes on from 15 or 16 preparing for independence can instill a fear in the child so there is increased acting out that causes the placement to break down. I reject you before you reject me. A lot of children during access are told that they can go home also the foster carers in their own eyes is only temporary. We need to be able to make a home more permanent for some children and carers.

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    Mute Hilda Harte
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    Sep 14th 2020, 10:38 AM

    Why do they try and privatise everything???
    Never has a good outcome

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    Mute Margaret Doyle
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    Sep 14th 2020, 9:05 AM

    In no way am I comparing a Child to a dog here but look what’s happened with privatization re Ashton Dog Pound. Neglect, Abuse, and power pulling where everyone in Dublin is in fear of calling for the dog warden.

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    Mute Joe Bloggs
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    Sep 14th 2020, 11:00 AM

    @Margaret Doyle: You don’t want to compare the two, and yet you do.

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    Mute Alan Kelly
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    Sep 14th 2020, 9:31 AM

    €325 not much to cover all the costs involved with children who have been neglected. The government trying to do all the really important stuff on the Cheap again.

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    Mute Murr Paul
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    Sep 14th 2020, 11:32 AM

    @Alan Kelly: what costs do they have more then any other child? They also receive child benefit, social welfare CDA increases etc. I know cases were they claimed the foster children were disabled to get carers allowance, care grant and domicile care allowance all untaxed. A right little money earner.

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    Mute Vicky Murphy
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    Sep 14th 2020, 2:25 PM

    @Murr Paul: you cannot just CLAIM someone is disabled!!
    Do you know the trauma these kids have been through? Do you know the time that goes into making sure all the needs of these kids at met?

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    Mute Sharon Obrien
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    Sep 14th 2020, 2:38 PM

    @Murr Paul: would you work 24/7 for 1.93 euro an hour and take the child’s expenses out of that too.

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    Mute Brian
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    Sep 14th 2020, 4:36 PM

    @Murr Paul: What is wrong with you? The state is neglecting and allowing lifelong damage to occur to children. They are pouring money into private companies and you point to a baseless, imaginary problem of welfare fraud. Do you think that so you can feel better or are you just bitter or thick or both?

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    Mute Jayne Hrm
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    Mar 14th 2021, 8:20 PM

    @Alan Kelly: Making foster caring financially too appetizing is far too dangerous. It attracts the worst of people, to the detriment of these especially vulnerable children. Of course low income families with the right intentions shouldn’t be excluded from fostering simply because they can’t afford it. But that’s why the system allows for specific expenses for the particular foster child in question (with receipts and review process with regards to expenses etc). But just a nice lump sum lodged into your account with no questions asked every month will end up attracting too much interest for all the wrong reasons.

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    Mute Anne Kearney
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    Sep 14th 2020, 9:26 AM

    The cost factor here must be quantified, the cost given of €1,000 in a private placement includes other support. It includes the cost of social work support available 24 hours a day 7 days a week not currently provided by Tusla. The private fostering agencies also provide support services such as educational supports child care workers etc.
    The private agencies also may be asked to locate careers for children with a complex level of care needs.

    14
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