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Archie Battersebee case-thread 2

1000 replies

whynotwhatknot · 24/07/2022 14:28

ongoing from previous thread

www.mumsnet.com/talk/am_i_being_unreasonable/4573803-archie-battersbee-case?page=40

OP posts:
Quia · 25/07/2022 14:25

MrsLargeEmbodied · 25/07/2022 14:10

is H appealing again now?
to european court?

Almost certainly. They have been given a stay until, I think, midday on Wednesday to make an application to the ECHR. There were also indications this morning that they would be reapplying to Hayden, presumably for a stay on his judgment to consider the evidence about alleged breathing. Hollie's barrister mentioned the possibility of getting an independent medical opinion, presumably based on the monitor records primarily.

vivariumvivariumsvivaria · 25/07/2022 14:25

Eeksteek · 25/07/2022 13:25

Not really. It’s about consent. No one can consent to or refuse a medical procedure on behalf of anyone else. No one. Ever. Not even a child.

If a person cannot consent, because they cannot take in or process the information needed to make a decision or communicate that decision unambiguously, the medical staff and the person’s family have to decide as a team what is in the person’s best interests. Obviously the medical teams are best placed to make clinical judgements and the family are best places to say what the person would have chosen, if they had been able. Very, very rarely, they just cannot reach a unanimous decision.

But neither of these groups is infallible. There are people who sadly do not or cannot act in the best interests of their children. There are medics who are incompetent, malicious or criminal. There are cases where it can’t be known what the best persons interests are, or where either, or neither, choice is in the persons best interest or is clearly a least worst option and there is no right answer and no compromise.

And then we need courts to step in. It is highly unusual for this to be a necessity and it’s an awful process for the individuals involved, but the process is right and necessary. I wish it wasn’t, and there is cost involved, but it’s the price of a fair and just society.

The other thing to bear in mind in relation to Hollie (and it must be hell for her) is that people with capacity to make decisions retain the right to make poor decisions. So a person making an unwise decision, does not automatically become unable to make that decision. Even if it is unambiguously ‘wrong’ or for the wrong reasons. If they understand the risk consequences, they can make the decision. However awful.

This is all as it should be, awful though it is. The thing that is not as it should be is the involvement of a religious pressure group who just possibly have an agenda that has nothing to do with any individual’s best interest, and a large number of individuals who did not know Archie, and clearly do not have even the most rudimentary medical knowledge and. This has muddied the waters significantly and the courts have rightly refused to engage with their agenda. It is not appropriate to use a dead child to further your political cause. The courts must decide what is best for Archie, nothing more. The family is entitled to support from relatives, friends, strangers and organisations and I don’t see how they can be prevented from being involved with Hollie, even if they are not well-intentioned only that the court and the medical team must (and admirably are) remain totally focussed on Archie’s best interests to the exclusion of all else. Poor Archie.

Yes, @Eeksteek , that all makes sense.

It's a horrible clash - a mother who cannot accept the sad reality and the need for consent - means that the outcome for a little boy is, to my mind, lacking in dignity.

You are right, there is no alternative.

AlternativelyWired · 25/07/2022 14:40

This is so heartbreakingly sad. I can't help wonder what happened to lead him to do whatever he did. He's only 12 ffs. They are still so innocent at that age. I can't imagine the pain of all those involved including the hospital staff.

Eeksteek · 25/07/2022 14:44

SeptimusWarrenSmith · 25/07/2022 14:03

no one here has used it to refer to Archie at all.

Er, they have. On page one.

Fwiw I think the people who have spent the last few weeks camped out on the AA FB page speculating about distressing medical details and talking about themselves off the back of this case are pretty grim. But doing the same while eagerly awaiting a judgement to end treatment isn't an improvement.

I stand corrected. However, my point about it being and overwhelmingly sensitive thread remains valid, I think.

To a great extent I agree about the following of the case. There is something distasteful about the real time, public following, when a child’s privacy is violated, and it’s why I’ve made only points about the process of medical consent. I don’t want to comment on Archie himself, to preserve his privacy. It’s all I can, and should, do for him. The process brings up crucial issues that a developed and humane society must address, though. And while I don’t like the idea of discussing them with relation to an actual child, if not now, then when? If Archie’s case doesn’t provoke this valid discussion of his and his mother’s exploitation by a problematic organisation, when will we discuss it and find ways, if there are any, to minimise it?

Laiste · 25/07/2022 14:50

@Quia thank you.

Hanging on by a thread with the detail of all the medical info.

But i want to understand it properly.

I can see it in the majority of other posters too. 99.999% of the time these legal/clinical issues are something 'other people' understand and most of us bumble on by with our lives thankfully not needing to know. But when something like this happens you're not here to slag anyone off or just look at the pictures and judge and oooh and ahhh - you want to understand. That's what most of us are here for. With Hollie - There but for the grace of God go I.

Somethingneedstochange · 25/07/2022 15:01

After the fiasco of Charlie Gard and Alfie Evans why is there no reporting restrictions on cases like this? They shouldn't be able to go to the media with they're story. They're child is on they're deathbed and they're behaving like that. It's disgusting.

When the NHS have taken parents to court to be able to treat they're child to give life saving treatment. The child and family has remained anonymous. Like with the conjoined twins in 2000. There's also been case's when jahovah witness parents have refused life saving treatment and other cases to save a child's life.

PineappleWilson · 25/07/2022 15:02

@AlternativelyWired I read that he did that blackout / breath holding social media challenge but it went wrong. Heart breaking for his family that it was so avoidable.

WiddlinDiddlin · 25/07/2022 15:09

I used the word corpse.

I was pretty angry when I wrote that, a close friend of mine is at home, feeling very ill because she needs what for her are fairly routine blood transfusions and there is a shortage of blood products.

Meanwhile, however sad it is, a dead person is getting blood products daily.

If that wouldn't make YOU feel angry, I dunno what to say, my friend has a reasonable chance of living another 40+ years, if she gets the treatment she needs.

Archie and other cases like him, fortunately there aren't many, has NO chance of living .. ever.

catfunk · 25/07/2022 15:11

PineappleWilson · 25/07/2022 15:02

@AlternativelyWired I read that he did that blackout / breath holding social media challenge but it went wrong. Heart breaking for his family that it was so avoidable.

That's just his mother's account of it. Correct me if I'm wrong but there doesn't seem to be any evidence of this. E.g if it was for a social media challenge he would likely have been filming it ?
It could also very sadly have been suicide, which must be unbearable to thing about as his mother.

Somethingneedstochange · 25/07/2022 15:11

That's what the family say's thinks happend. But he would have had a video on his phone or gone live. There's been no mention of it though.

Quia · 25/07/2022 15:15

PineappleWilson · 25/07/2022 15:02

@AlternativelyWired I read that he did that blackout / breath holding social media challenge but it went wrong. Heart breaking for his family that it was so avoidable.

That is what his mother said may have happened. However, he did not have his phone with him, and doing those challenges requires that they be filmed and posted online. Also TikTok have strongly denied the suggestion that there was anything like that on their platform.

Somethingneedstochange · 25/07/2022 15:16

I've just said exactly the same.

KingofLoss · 25/07/2022 15:16

WiddlinDiddlin · 24/07/2022 23:38

There is no evidence that he was doing that @Purplepatsy whilst there is a 'black out challenge' and some children I believe have been hurt/killed, there is no evidence Archies death is in any way related, no evidence he had his phone on him or near him suggesting he was filming himself.

Other cases that have been related, have taken legal action against Tiktok.. but in this case, when the connection was made on tv, Tiktok were quick to get them to retract that!

I think he committed suicide and his mother has latched onto this tiktok challenge as a way to explain to herself what happened, and to absolve the guilt she will undoubtedly feel at the idea her son has ended his own life.

It's as clear as day that this was a very sad suicide attempt. But if his mum needs to believe it was a tiktok prank gone wrong in order to absolve herself of guilt and live with it, then so be it. It's very obvious to everyone else what happened.

AlternativelyWired · 25/07/2022 15:23

That is so unbearably sad. Poor lad.

Leftbutcameback · 25/07/2022 15:24

I hadn't thought before about the fact that the case should have been held privately but I agree it should. I know there is a strong presumption of justice being able to be seen to be done, but family court cases are often in private. I see no public benefit in us knowing about the names and details of this tragic case.

HermioneWeasley · 25/07/2022 15:26

I saw this on yahoo news and the comments underneath were around 50% saying they hoped Archie would prove them wrong - start breathing on his own or squeeze her hand agains as she’s claimed. I don’t know how people can be so medically illiterate. I understand his family’s desperate need to hope, but that general members of the public can be so fantastical about his prospects beggars belief and isn’t helping anyone.

itsgettingweird · 25/07/2022 15:26

Almost certainly. They have been given a stay until, I think, midday on Wednesday to make an application to the ECHR. There were also indications this morning that they would be reapplying to Hayden, presumably for a stay on his judgment to consider the evidence about alleged breathing. Hollie's barrister mentioned the possibility of getting an independent medical opinion, presumably based on the monitor records primarily.

I'm sure I remember CG parents getting an independent opinion based on a new treatment and they were told it wouldn't work for him?

Maybe the parents will accept it if they sort themselves an independent review?

Albless · 25/07/2022 15:27

drivinmecrazy · 25/07/2022 14:14

I have a question to those people who have faith.
Do you think his soul is at peace or do you think he's in some kind of spiritual purgatory.
I've been wondering this as an agnostic who has no belief in what happens to our souls after death.
But to those that do, given that it's accepted that he's all but physically dead , does he need the machines to be turned off or has he already gone to another place.

Not intended as goady just a thought I'd been contemplating.

I'm a parish minister - reformed tradition - and it is my belief, based on the medical evidence reported, that Archie is dead and has been so for some considerable time. I also believe that he is now at peace.

WiddlinDiddlin · 25/07/2022 15:27

KingofLoss - oh absolutely, its understandable, and if that makes her feel even a scrap better about it then thats good for her.

gatehouseoffleet · 25/07/2022 15:31

Puzzledandpissedoff · 25/07/2022 13:02

As permission to appeal to the CA has been refused, that means they can't appeal to the Supreme Court

Isn't there still something about the ECHR though, Quia? Or does being disallowed the Supreme Court rule that out too?

They can ask the Supreme Court itself for permission to appeal to it I think. It's an extra step in the process, but there has to be a question of law of public importance to decide. I think the disputes here are on the facts, not the law.

itsgettingweird · 25/07/2022 15:32

Somethingneedstochange · 25/07/2022 15:11

That's what the family say's thinks happend. But he would have had a video on his phone or gone live. There's been no mention of it though.

Yes there's been no evidence of how he came to be unconscious with a ligature over his head.

But I do often ponder if this is what's driving her

vivariumvivariumsvivaria · 25/07/2022 15:32

Albless · 25/07/2022 15:27

I'm a parish minister - reformed tradition - and it is my belief, based on the medical evidence reported, that Archie is dead and has been so for some considerable time. I also believe that he is now at peace.

@Albless what do you think, from a theological point of view, of the behaviour of the Christian organisation who is supporting Hollie?

I think they are wicked.

In the old fashioned sense of the word.

KingofLoss · 25/07/2022 15:36

MayThe4th · 25/07/2022 12:13

It’s one thing taking photo’s, it’s quite another sharing them on a public platform. This child is dead. To all intents and purposes this is akin to taking pictures of someone in their dying moments and sharing them across multiple platforms.

So while I concede that they should be able to take pictures of their child, IMO it should be on the strict understanding that none of these pictures are to be shared on public platforms, and if that ruling were to be violated then they lose the right to take pictures at all.

People can and do take photos of their stillborn babies and share them online.

SeptimusWarrenSmith · 25/07/2022 15:38

@WiddlinDiddlin honestly i can't think what would make me feel anger towards/direct disgusting language at a twelve year old child on life support but an inadequate healthcare system isn't it.

Runnerbeansflower · 25/07/2022 15:38

Many years ago a colleague's 13 year old son hanged himself. No clear reason.

It got classified as accidental death, because there was no evidence he intended to kill himself, though he certainly hanged himself. Who knows what was going through his mind? A cry for help? A momentary impulse? At that age death is still quite abstract.

His mother never really recovered. 😓

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