Archie Battersbee was found unconscious at his home on April 7. His mother Hollie Dance found him with a ligature on his head which she says may have been linked to an online challenge widely circulated on social media.
Mrs Justice Arbuthnot delivered her judgment today (June 13) after a week-long hearing in the Family Division of the High Court where she heard evidence from Archie’s family and doctors involved in his care, reports Essex Live.
Archie has not regained consciousness since the incident and while doctors at the Royal London Hospital in Whitechapel believe he is ‘brain dead’, his parents’ Hollie Dance and Paul Battersbee, from Southend, Essex, are are beaten to keep him on life support. while his heart is still beating.
The judge’s ruling was released earlier today and she said in a written ruling: “I find that Archie passed away at noon on May 31, 2022, shortly after the MRIs taken that day.
“I find that irreversible brain stem function arrest has been definitely established.
“I authorize the medical professionals at the Royal London Hospital to stop mechanically ventilating Archie Battersbee.”
Her mother has since vowed to appeal the High Court decision.
Ms Dance said, after the decision, in a statement outside the hospital: ‘I am devastated and extremely disappointed by the judge’s decision after weeks of legal battle when I wanted to be by my little boy’s bedside .
“Basing that judgment on an MRI test and the fact that he is ‘probably’ dead, is not enough.
“This is believed to be the first time a person has been declared ‘likely’ to be dead based on an MRI test.
“The medical expert’s opinion presented to the court was clear in that the whole concept of ‘brain death’ is now discredited and, in any event, Archie cannot be reliably diagnosed as being in good condition. brain dead.”
Lawyers for the Royal London Hospital’s governing trust, Barts Health NHS Trust, had asked Mrs Justice Arbuthnot to decide which moves were in Archie’s best interests.