Parents of brain-damaged baby boy who tried to breathe after doctors said he was dead say they are ‘devastated’ after High Court appeal to keep his life support fails

• Parents of a brain-damaged baby have lost appeal to keep him on life support
• Couple applied to Court of Appeal and the European Court of Human Rights
• Five-month-old boy found unresponsive in June and declared brain-stem dead
• He had ‘devastating’ damage after brain was oxygen starved for over 30 minutes
• Family ‘devastated’ at High Court judge’s ruling life support treatment is ‘futile’ 

The parents of a brain-damaged baby, who a nurse noticed trying breathe after doctors declared him dead four months ago, have lost their last-ditch appeal to keep him on life support.

The boy, known only as A and who will be six months old tomorrow, is in a specialist unit at a London hospital. 

He was found unresponsive in June at two months old, and later declared brain-stem dead. 

Doctors said his brain was starved of oxygen for over 30 minutes and he suffered ‘devastating’ brain damage.

The couple’s lawyer said regarding the latest ruling: ‘My clients and their family are understandably devastated.’ 

They had made written applications to the Court of Appeal in London and the European Court of Human Rights in France, but both bids had been rejected. 

A High Court judge ruled that the five-month-old boy, known only as A, has no prospect of recovering and it was in his best interests to remove him from his ventilator and place him in palliative care. Pictured: The Royal Courts of Justice in London 

A High Court judge recently ruled that ending the life-support treatment is lawful and in the five-month-old boy’s best interests.

Mr Justice Poole, who reconsidered evidence at the latest in a series of hearings in the Family Division of the High Court in London, said treatment is ‘futile’.

Solicitor Amy Rowe, who represents the couple and works for law firm Dawson Cornwell, said appeal judges refused to overturn Mr Justice Poole’s decision.

The couple lost an earlier High Court fight before successfully appealing on the basis they did not have lawyers to represent them. 

Lawyers representing Guy’s and St Thomas’ NHS Foundation Trust, which is responsible for the boy’s care, had asked for decisions about what moves are in his best interests.

Lawyers representing Guy’s and St Thomas’ NHS Foundation Trust, which is responsible for the boy’s care, had asked for decisions about what moves are in his best interests 

Specialists said the boy, who is on a ventilator, said he should be taken off it and given palliative care as he has no prospect of recovering from his ‘catastrophic’ injuries.

The boy’s parents, who are Muslims of Bangladeshi origin, had begged the judge to give him more time to ‘make progress’ or for ‘Allah to intervene’.

The judge was told the parents were interviewed by police after evidence suggested he suffered what appeared to be ‘non-accidental injuries’.

No charges had been brought but the couple remained under investigation.

The boy was declared dead in June after doctors diagnosed him as brain-stem dead, the judge heard.

Mr Justice Hayden ruled earlier this year that doctors could lawfully stop providing treatment to the baby after a trial in the Family Division of the High Court in London 

He remained on a ventilator because his parents were unhappy with the diagnosis and litigation had begun.

A nurse subsequently noticed him trying to breathe.

Another High Court judge, Mr Justice Hayden, had earlier decided that treatment should end.

The parents represented themselves at the trial, before appeal judges concluded that Mr Justice Hayden should have adjourned the trial to give them time to find lawyers.

Barristers Victoria Butler-Cole KC and Arianna Kelly, and Dawson Cornwell, represented the couple free of charge at the trial overseen by Mr Justice Poole.

Mr Justice Hayden has overseen a number of child life-support treatment cases in recent months.

In July, he ruled that doctors could lawfully stop providing life-support treatment to Archie Battersbee, who suffered brain damage in an incident at home in Southend, Essex, in April.

The 12-year-old died after his mother, Hollie Dance, and father, Paul Battersbee, failed in bids to overturn Mr Justice Hayden’s ruling. 

In July, Mr Justice Hayden ruled that doctors could lawfully stop providing life-support treatment to Archie Battersbee, who suffered brain damage in an incident at home in Southend, Essex, in April

The mother of a severely disabled five-year-old girl is currently embroiled in another High Court life-support treatment fight.

Doctors say ending treatment is in the youngster’s best interests, but the girl’s mother disagrees.

The Great Ormond Street Hospital for Children NHS Foundation Trust, in London, has responsibility for her care and bosses have asked for a ruling on what moves are in her best interests. 

Mr Justice Hayden began considering evidence at a hearing in the Family Division of the High Court on Wednesday.

A judge is due to oversee a trial tomorrow.

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