The family of Archie Battersbee have won their appeal to have the High Court ruling that the 12-year-old should be taken off life-support treatment reconsidered.
Archie has been treated in Royal London Hospital in Whitechapel for the past number of weeks after he was found unconscious with a ligature around his neck in his Essex home in April.
High Court judge Mrs Justice Arbuthnot ruled earlier this month that the young boy 'died at noon on May 31, 2022'.
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Judge Arbuthnot said in her ruling: "I give permission to the medical professionals at the Royal London Hospital to cease to ventilate mechanically Archie Battersbee."
In a statement following the ruling, Archie's mum Hollie Dance said at the time: "I am devastated and extremely disappointed by the judge's ruling after weeks of fighting a legal battle when I wanted to be at my little boy's bedside.
"Basing this judgment on an MRI test and that he is 'likely' to be dead, is not good enough.
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"This is believed to be the first time that someone has been declared 'likely' to be dead based on an MRI test."
Despite the ruling, Archie's parents maintained that their son is still alive and have called for hospital treatment to continue.
Following the family's appeal case, three judges analysed the case at a Court of Appeal hearing in London on Wednesday and said there should be another High Court hearing.
Archie’s family had been supported by a campaign organisation called the Christian Legal Centre.
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Andrea Williams, the centre’s chief executive, said: “This case raises the significant moral, legal and medical question as to when a person is dead.
“Archie’s parents do not accept that he is dead and are fighting for his life.
“There is no clear definition of death in English law and a case like this has never come before an English court before.
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“The outcome is crucial for Archie and his family, and anyone who cares about the value of life in this country.”
The young boy's mum Hollie Dance and dad Paul Battersbee believe that Archie might have been participating in an online 'black out' challenge before he was found unconscious.
Ms Dance recently noted in an interview with the Guardian that her son has been "responding to music and smell" while unconscious, offering the family a "glimmer of hope" the Archie will make a full recovery.
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Speaking to The Mirror, she said: "His blood pressure went up, so we put on a deep-breathing meditation recording and put lavender oil under his nose and within 10 minutes his blood pressure dropped to normal levels.
"It’s a glimmer of hope. He’s in there and he’s going to wake up, he just needs time. All I want is for them to give him time to heal."
Topics: News
Ali Condon