Treating boy with brain damage will only delay the inevitable, say doctors

Martin Westgate QC told Mr Justice Hayden on Monday that Archie Battersbee is “unresponsive” and has “no prospect” of recovering.

He said specialists do not think it in the youngster’s best interests for treatment to continue.

But a barrister representing Archie’s parents, Hollie Dance and Paul Battersbee, from Southend, Essex, said it is hoped their son will “make some sort of recovery”.

Ian Wise QC argued that continued treatment is not “futile” and that Archie would want a “natural” not a “choreographed” or “planned” death.

Mr Justice Hayden is overseeing the latest in a series of hearings in the Family Division of the High Court in London.

He is reviewing evidence after another High Court judge had earlier ruled that Archie was dead.

Doctors treating Archie at the Royal London Hospital in Whitechapel, east London, have told judges they think he is “brain-stem dead”.

Archie’s parents disagree.

Lawyers representing the Royal London Hospital’s governing trust, Barts Health NHS Trust, have asked Mr Justice Hayden to decide what moves are in Archie’s best interests.

“He is not responsive and has no prospect of recovery,” Mr Westgate, who is leading the trust’s legal team, told Mr Justice Hayden on Monday.

“The trust have come to the conclusion that continuing treatment is no longer in his best interests.”

He added: “All that treatment can do is delay the inevitable result.”

Mr Westgate argued that continued treatment is “burdensome”, “contrary to dignity”, and “ethically distressing” for medics treating him.

Mr Wise said Archie’s parents disagree with the trust’s arguments.

“The parents hope and pray that Archie will make some sort of recovery,” Mr Wise told Mr Justice Hayden in a written case outline.

“In the present case the treatment is not futile in that it is effective (it is keeping Archie alive) and is giving effect to Archie’s wishes to have a ‘natural’ as opposed to choreographed death.”

Mr Wise said Archie’s parents want the judge to rule that “it is lawful and in Archie’s best interests to continue to receive life-sustaining treatment, including mechanical ventilation; however it is not in his best interests to be administered CPR in the event that he suffers cardiac arrest, nor is it in his best interests to be administered life-sustaining intensive care which both his parents and the trust do not believe to be appropriate”.

He told the judge on Monday: “They recognise the very serious condition their son is in – and that he has a very poor prognosis.”

But Mr Wise said they think that, “in the interim”, Archie has a “life worth living” and, “in the current circumstances”, a “life of dignity”.

Mr Wise added: “In these circumstances, they see no need to precipitate his death.”

Archie’s mother has told how she found him unconscious with a ligature over his head on April 7 and thinks he might have been taking part in an online challenge.

He has not regained consciousness.

Miss Dance told Mr Justice Hayden on Monday that she is “100%” sure Archie would want treatment to continue.

“I think we come into this world naturally,” she told the hearing.

“Let nature take its course.”

She added: “If it is God’s will and Archie wants to give up, then let nature take its course.”

Miss Dance said Archie had been “very energetic” before being injured, and a “natural-born fighter”.

Mr Battersbee told the judge that Archie would “not want to leave” his mother.

“I think he should be left for a bit longer,” he said.

“I am not looking at it through rose-tinted glasses, but it has only been 12 or 13 weeks and doctors have got it wrong before.”

He added: “The most important thing for me is to know he has gone in God’s way.”