European court refuses to intervene in Archie Battersbee hospice bid

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A European court has refused to intervene in Archie Battersbee’s family’s legal battle to have the 12-year-old moved to a hospice.

His parents had appealed after losing a Supreme Court request to move their son from the Royal London Hospital in Whitechapel before his life-prolonging treatment is withdrawn.

But they had sought help from the European Court of Human Rights (ECtHR) – after the UK Court of Appeal confirmed shortly after 6:30 p.m. Friday that their permission to appeal had been denied.

However, a statement from the European court about three hours later said that the judges will not apply the “provisional measures” allowed in “exceptional” cases when it “considers that the applicant is at real risk to serious, irreversible damage if the measure is not applied”.

The family’s “submissions did not appear to contain an explicit request for the court to take specific action under Section 39,” a spokesperson said regarding the legal process enabling such measures.

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In their petition to the court, Archie’s parents had argued that there had been a violation of Articles six and eight of the European Convention on Human Rights, which enshrine the right to a fair trial and to respect for private life. and family life is recorded.

But the court’s president decided that these complaints fell outside the scope of his powers under Article 39, the ECtHR spokesman said.

The boy’s family has been told that his life-prolonging treatment will be discontinued from 10 a.m. Saturday, campaign group Christian Concern said.

Barts Health NHS Trust said its stance remains the same, in that no changes will be made to Archie’s care “until the outstanding legal issues are resolved”.

Archie has been in a coma since he was found unconscious by his mother in April at their home in Southend, Essex, and is being kept alive through a combination of medical interventions, including ventilation and drug treatment, at the Royal London Hospital in Whitechapel, East London .

His mother, Hollie Dance, believes he entered an online challenge that left him catastrophically ill.

On Wednesday, the couple’s protracted legal battle to extend his livelihood ended when the European Court of Human Rights refused to intervene to stop the cessation of treatment.

The family’s focus then shifted to trying to get their son to hospice, but Supreme Court Ms Theis concluded Friday that it was not in Archie’s best interests to be moved.

Doctors said Archie was in such a serious condition that moving him to a hospice carried a “significant risk” that he could die during the trip, the Supreme Court was told.

On Friday, Ms Theis ruled that he must remain in the hospital while his life-prolonging treatment is withdrawn, and because of the risks associated with transmission and “the increasing fragility of his medical condition,” Archie must remain in the hospital when his treatment is discontinued. . withdrawn.

“The circumstances created by Dr. F have been outlined of the physical arrangements at the hospital and the arrangements that can be made will ensure that Archie’s best interests remain at the center of the final arrangements to allow him to die peacefully and privately in the embrace of the family he has. beloved,” said Mrs. Theis.

More to come…

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