Archie Battersbee

Family of 12-year-old challenged ruling Archie is brain-stem dead and treatment can be stopped.

The appeal judges Sir Geoffrey Vos, the master of the rolls; Sir Andrew McFarlane, president of the family division of the high court and most senior family court judge in England and Wales; and Lady Justice King allowed the parents’ appeal. He suggested the analysis had not been of a “gold standard” and told appeal judges: “In matters of life and death the gold standard should be reached.” However, the court of appeal decided on Wednesday that the evidence should be reconsidered by a different judge in the family division of the high court in London.

Edward Devereux QC, who is leading Archie's parents' legal team, told three appeal judges: "The case should be remitted for consideration by a High Court ...

Speaking after the hearing, Archie's mother Ms Dance said: "We're delighted. Appeal judges Sir Geoffrey Vos, the Master of the Rolls; Sir Andrew McFarlane, the president of the Family Division of the High Court and most senior family court judge in England and Wales; and Lady Justice King, ruled that a new hearing should take place. The Court of Appeal has ordered a new hearing at the High Court to determine if it is in Archie's best interests.

Archie's parents, Hollie Dance and Paul Battersbee, argued that High Court judge Mrs Justice Arbuthnot made errors in her recent judgement, which had concluded ...

Archie suffered brain damage at home on 7 April, and was found unconscious with a ligature over his head. At a hearing to determine if the family could appeal, Mrs Justice Arbuthnot heard submissions from the family's lawyers and concluded that there was a "compelling reason" why the case should be sent to the Court of Appeal. Three appeal 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 parents, Hollie Dance and Paul Battersbee say his heart is still beating and want treatment to continue (Picture: PA). The parents of Archie ...

He suggested that the analysis had not been of a ‘gold standard’ and told appeal judges: ‘In matters of life and death the gold standard should be reached.’ The Court of Appeal judges made no criticism of Mrs Justice Arbuthnot and indicated that they would give reasons for their decision at a later date. Mr Devereux argued that Mrs Justice Arbuthnot had not carried out a ‘comprehensive’ analysis of evidence relating to whether life-support treatment should continue. It came after a specialist told the High Court his prognosis was ‘very grave’ and chances of recovery ‘very low’. The fresh hearing next month gives time for a fuller analysis of whether it is in Archie’s best interests for life-sustaining treatment to continue. A High Court judge ruled earlier this month that the 12-year-old is dead and that life support treatment should stop.

The High Court has been told to reconsider its decision to allow doctors to switch off the life support of a brain-damaged boy. The Court of Appeal ordered ...

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