UN disability committee to examine Archie Battersbee case

A United Nations committee will consider a complaint the UK government violated the rights of Archie Battersbee, who died when treatment was withdrawn after a court battle.

Archie, 12, suffered traumatic brain injuries at home in Southend, Essex, on 7 April 2022 and died in August.

The UN Rights of Persons With Disabilities Committee has agreed to look at the case, made by his mother.

The government is reviewing how to work with families of the critically ill.

Prior to Archie's death an application had been made to the UN committee in July and it asked for life support to continue while it considered the matter.

Archie's family applied to the committee on the basis it had a protocol that allowed individuals and families to "make complaints about violations of disabled people's rights".

However, Court of Appeal judges refused the request to postpone the withdrawal of life-sustaining treatment.

In a letter, the chief of the UN's Human Rights Treaties Branch, Ibrahim Salama, said the committee would look into the family's submission that the UK High Court decision to withdraw treatment violated Archie's rights.

Archie's mother, Hollie Dance, who is being supported by the Christian Legal Centre, has argued that the decision by the court violated her son's right to life and right to equal treatment as a disabled person.

In a statement she expressed gratitude to the UN for its response and said she felt the family had received "so little support" from UK authorities.

She said: "At the time, we felt completely betrayed that the government intervened and went against us despite the UN's intervention.

"All we had ever wanted was for Archie to have time. The UN intervention granted that time, but in our hour of need, that was taken away from us.

"Nothing can now bring Archie back, but I am determined to continue to pursue justice for him and to hold the UK government properly accountable," she added.

A coroner ruled in February that Archie Battersbee died accidentally as a result of a "prank or experiment" which went wrong.

Bruno Quintavalle, who is leading the family's legal team said: "The UK government refused to take action to comply with the UN Committee's interim measures and the UK courts refused to ensure that the government satisfied its obligations under international law.

"This important investigation by the UN CRPD will now clarify if these omissions are compatible with the UK's Treaty obligations as well as set limits on future best-interests decision-making by the UK courts."

In a statement, the Department of Health and Social care said: "We recognise the extraordinary complexity for parents and medical professionals when deciding what is in the best interests of a critically ill child.

"Every effort should be made to reach agreement, which is why we have commissioned the Nuffield Council on Bioethics to explore how best to achieve this.

"The government is committed to making sure the views of families, carers and clinicians are at the centre of the review."

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