Archie Battersbee was set to have his support treatment ended on Monday. PA
Archie Battersbee was set to have his support treatment ended on Monday. PA
Archie Battersbee was set to have his support treatment ended on Monday. PA
Archie Battersbee was set to have his support treatment ended on Monday. PA

Archie Battersbee's life support can be switched off, rules court despite UN intervention


Paul Carey
  • English
  • Arabic

The family of a brain-damaged boy have lost their last-minute court bid to prevent his life-support from being switched off.

The UK's Court of Appeal refused to postpone the withdrawal of life-sustaining treatment from 12-year-old Archie Battersbee beyond midday on Tuesday.

It was due to have been switched off at 2pm on Monday at the Royal London Hospital in east London, after a lengthy legal battle in which a High Court judge ruled this to be in his best interests.

However, one final court hearing was introduced after an intervention from the United Nations.

Judges heard that Archie's mother found him unconscious with a ligature over his head on April 7. She believes he took part in an online challenge.

Doctors believe Archie is brain-stem dead and say continued life-support treatment is not in his best interests.

The decision was later backed by the Court of Appeal, so Archie’s family applied to the UN as a final attempt to prevent their son’s treatment from being stopped, with the committee contacting the British government on Friday.

The Court of Appeal was granted a virtual hearing for 11am after the government asked it to “urgently consider” a request from the UN Committee on the Rights of Persons with Disabilities to continue his treatment so the committee could examine his case.

A picture of Archie Battersbee released by his family. PA
A picture of Archie Battersbee released by his family. PA

However, Sir Andrew McFarlane, sitting with Lady Justice King and Lord Justice Moylan, said on Monday afternoon: “My decision is that, save for granting a short stay until 12 noon tomorrow, the parents’ application for any further stay is dismissed.”

The judge said the Convention on the Rights of Persons with Disabilities, on which the UN committee based its request, is an “unincorporated international treaty”.

He said: “It is not part of the law of the United Kingdom … and it is not appropriate for this court to apply an unincorporated international treaty into its decision-making process.”

"Every day that [Archie] continues to be given life-sustaining treatment is contrary to his best interests and, so, a stay, even for a short time, is against his best interests.”

Barts Health NHS Trust, which runs the hospital, had written to the family at the weekend to inform them that they intended to end treatment on Monday afternoon.

Speaking on Monday morning, Archie's mother Hollie Dance said the last couple of months had been “an emotional rollercoaster”.

“It has been very draining,” she told Sky News. "Stress levels are through the roof. Very heartbreaking. It has been a very hard few months."

Asked how she was feeling about how successful today’s hearing might be, she said: “I don’t know really. I guess because of all the court appearances and things that we have had now, and it seems … everything, apart from obviously the appeal that we won, everything seems to go in the trust’s favour.

“It has just left me feeling very anxious all weekend. I have carried a lot of anxiety here in my chest. It just feels awful.”

Ms Dance said the family felt “relieved” that the government had taken the UN’s intervention seriously.

“This was not a ‘request’ but an interim measures injunction from the UN,” she said on Sunday.

“The anxiety of being told that Archie’s life-support will be removed tomorrow at 2pm has been horrific.

“We are already broken and the not knowing what was going to happen next is excruciating.”

Archie’s parents are being supported by the Christian Legal Centre, a campaign organisation.

Alistair Chesser, chief medical officer for Barts Health NHS Trust, said the plan to withdraw medical treatment would proceed unless the court directed otherwise on Monday.

“Our deepest sympathies are with Archie’s family at this difficult time,” he said.

“We understand a court hearing will take place on Monday morning and we await the outcome.

“The plan to withdraw treatment will proceed unless the court directs otherwise.”

The trust previously said in a letter to Ms Dance and Paul Battersbee, who are separated but both live in Southend, Essex, that the withdrawal process would aim to “preserve Archie’s dignity”.

The trust said in the letter: “We understand that any discussions around the withdrawal of Archie’s treatment are very difficult and painful.

“However, we want to ensure that you and your family are involved as much as you wish to be.”

“You or any of the family may wish to lie on Archie’s bed with him or have him in your arms, if that should be practically possible.”

Ms Dance said this would amount to “extraordinary cruelty” and a “flagrant breach of Archie’s rights as a disabled person”.

“Archie is entitled to have the decisions about his life and death, taken by the NHS and UK courts, to be scrutinised by an international human rights body,” she said.

“Hastening his death to prevent that would be completely unacceptable.”

A spokesman for the Department of Health and Social Care said: “We recognise this is an exceptionally difficult time for Archie Battersbee’s family and our thoughts are with them.

“The government asked the High Court to urgently consider the request from the UN Committee on the Rights of Persons with Disabilities.”

Essentials

The flights
Emirates, Etihad and Malaysia Airlines all fly direct from the UAE to Kuala Lumpur and on to Penang from about Dh2,300 return, including taxes. 
 

Where to stay
In Kuala Lumpur, Element is a recently opened, futuristic hotel high up in a Norman Foster-designed skyscraper. Rooms cost from Dh400 per night, including taxes. Hotel Stripes, also in KL, is a great value design hotel, with an infinity rooftop pool. Rooms cost from Dh310, including taxes. 


In Penang, Ren i Tang is a boutique b&b in what was once an ancient Chinese Medicine Hall in the centre of Little India. Rooms cost from Dh220, including taxes.
23 Love Lane in Penang is a luxury boutique heritage hotel in a converted mansion, with private tropical gardens. Rooms cost from Dh400, including taxes. 
In Langkawi, Temple Tree is a unique architectural villa hotel consisting of antique houses from all across Malaysia. Rooms cost from Dh350, including taxes.

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Founders: Michele Ferrario, Nino Ulsamer and Freddy Lim
Started: established in 2016 and launched in July 2017
Based: Singapore, with offices in the UAE, Malaysia, Hong Kong, Thailand
Sector: FinTech, wealth management
Initial investment: $500,000 in seed round 1 in 2016; $2.2m in seed round 2 in 2017; $5m in series A round in 2018; $12m in series B round in 2019; $16m in series C round in 2020 and $25m in series D round in 2021
Current staff: more than 160 employees
Stage: series D 
Investors: EightRoads Ventures, Square Peg Capital, Sequoia Capital India

UAE currency: the story behind the money in your pockets
GAC GS8 Specs

Engine: 2.0-litre 4cyl turbo

Power: 248hp at 5,200rpm

Torque: 400Nm at 1,750-4,000rpm

Transmission: 8-speed auto

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Engine: 3.4-litre twin-turbo V6 plus supplementary electric motor

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Torque: 790Nm from 2,000-3,600rpm

Transmission: 10-speed auto

Fuel consumption: 11.7L/100km

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Date started: 2015

Founder: John Tsioris and Ioanna Angelidaki

Based: Dubai

Sector: Online grocery delivery

Staff: 200

Funding: Undisclosed, but investors include the Jabbar Internet Group and Venture Friends

What are the GCSE grade equivalents?
 
  • Grade 9 = above an A*
  • Grade 8 = between grades A* and A
  • Grade 7 = grade A
  • Grade 6 = just above a grade B
  • Grade 5 = between grades B and C
  • Grade 4 = grade C
  • Grade 3 = between grades D and E
  • Grade 2 = between grades E and F
  • Grade 1 = between grades F and G
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Engine: 1.5-litre 4-cyl turbo

Power: 194hp at 5,600rpm

Torque: 275Nm from 2,000-4,000rpm

Transmission: 6-speed auto

Price: from Dh155,000

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Rating: 2/5 stars
Produced by: Dharma Productions, Azure Entertainment
Directed by: Robby Grewal
Cast: John Abraham, Mouni Roy, Jackie Shroff and Sikandar Kher 

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  • Priority access to new homes from participating developers
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Red flags
  • Promises of high, fixed or 'guaranteed' returns.
  • Unregulated structured products or complex investments often used to bypass traditional safeguards.
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  • Overseas companies targeting investors in other jurisdictions - this can make legal recovery difficult.
  • Hard-selling tactics - creating urgency, offering 'exclusive' deals.

Courtesy: Carol Glynn, founder of Conscious Finance Coaching

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Micro-retirement is not a recognised concept or employment status under Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations (as amended) (UAE Labour Law). As such, it reflects a voluntary work-life balance practice, rather than a recognised legal employment category, according to Dilini Loku, senior associate for law firm Gateley Middle East.

“Some companies may offer formal sabbatical policies or career break programmes; however, beyond such arrangements, there is no automatic right or statutory entitlement to extended breaks,” she explains.

“Any leave taken beyond statutory entitlements, such as annual leave, is typically regarded as unpaid leave in accordance with Article 33 of the UAE Labour Law. While employees may legally take unpaid leave, such requests are subject to the employer’s discretion and require approval.”

If an employee resigns to pursue micro-retirement, the employment contract is terminated, and the employer is under no legal obligation to rehire the employee in the future unless specific contractual agreements are in place (such as return-to-work arrangements), which are generally uncommon, Ms Loku adds.

Titanium Escrow profile

Started: December 2016
Founder: Ibrahim Kamalmaz
Based: UAE
Sector: Finance / legal
Size: 3 employees, pre-revenue  
Stage: Early stage
Investors: Founder's friends and Family

UPI facts

More than 2.2 million Indian tourists arrived in UAE in 2023
More than 3.5 million Indians reside in UAE
Indian tourists can make purchases in UAE using rupee accounts in India through QR-code-based UPI real-time payment systems
Indian residents in UAE can use their non-resident NRO and NRE accounts held in Indian banks linked to a UAE mobile number for UPI transactions

It Was Just an Accident

Director: Jafar Panahi

Stars: Vahid Mobasseri, Mariam Afshari, Ebrahim Azizi, Hadis Pakbaten, Majid Panahi, Mohamad Ali Elyasmehr

Rating: 4/5

Updated: August 01, 2022, 4:18 PM`