Archie Battersbee’s family will make an urgent appeal to the Supreme Court after the Court of Appeals prevented them from taking their case to the United Nations, the campaign group supporting them says.
A lawyer representing Archie’s parents, Hollie Dance and Paul Battersbee, of Southend, had asked the appeal judges to “delay” the termination of the trial to allow time for a request to be heard by the European court.
The appeal judges imposed a suspension, saying Archie’s parents had until 2 p.m. Wednesday to file a petition with the European court.
Archie’s parents are supported by a campaign group called the Christian Legal Center.
A spokesman for the center said on Wednesday that the appeal judges had extended that deadline to 2 p.m. Thursday, after lawyers submitted another written request.
The stay was only extended to make a request to the European Court of Human Rights (ECtHR), but not to the United Nations (UN), the spokesman said.
Read more >>> Archie’s parents get more time to start a treatment battle in European court, says spokesperson
Archie’s family now plans to seek permission from the Supreme Court tomorrow to appeal the decision to block them from applying to the UN.
This is as the center states that the ECtHR has a track record of rejecting parental applications in end-of-life cases, such as Archie’s.
They say the UN, like the ECtHR, can ask the UK government to delay the withdrawal of life support while a complaint is being investigated.
Appeal judges Sir Andrew McFarlane, Lady Justice King and Lord Justice Peter Jackson on Monday confirmed a ruling by a Supreme Court judge who concluded that doctors could lawfully stop providing life-supporting treatment to Archie.
Judges have heard that Ms Dance found Archie unconscious on April 7.
She thinks he entered an online challenge.
The boy has not regained consciousness.
Doctors treating Archie at the Royal London Hospital in Whitechapel, east London, believe he is brain stem dead and say continuing life-support treatment is not in his best interests.
The bosses of the hospital’s board, Barts Health NHS Trust, had asked for decisions about what medical steps would be in Archie’s best interests.
Another Supreme Court judge, Ms. Justice Arbuthnot, initially considered the case and concluded Archie was dead.
But the appeals court judges upheld an objection from his parents to Ms Arbuthnot’s decisions, saying the evidence should be reviewed by Mr Justice Hayden.