I also think it's just such a difficult situation because it's just the parents voicing what they think their child would want. I doubt they have ever really discussed fully what Archie would want in a situation like this because you never expect it to occur. Even if they have for some reason, as you say it's not really life support when it's doing everything for him
I think the judge is entertaining the parents because it's the right thing to do in a way. They need to feel like they have also been heard and their views considered, but at the end of the day it's Archie's best interest that is being decided. The fact that the judge has said that the death would be chaotic and possibly less dignified says where that decision is going to go I think
The judge is entertaining the parents because there was A LOT wrong with the previous court case and they were entitled to appeal. Long story short, Archie’s legally appointed guardian (a social worker) ruined everything for the hospital with her arrogantly refusing to stay in her lane and do what she was supposed to do.
Firstly, Archie’s guardian decided after meeting Archie that he was “dead beyond doubt”. Legally, he is not dead until a court says so, and it was absolutely not her place to decide that. Her place was to be his advocate, and until he is legally dead, he is a party in the court proceedings.
On the basis that she decided he was dead, she encouraged the hospital trust to persue getting Archie legally declared dead. Until then, they had dropped this and instead were seeking getting his life support turned off on a “best interests” basis (then he would be declared dead afterwards).
The guardian also didn’t make a best interests report, which she was supposed to do. She didn’t bother because she took it upon herself to decide he was dead.
The judge concurred with the guardian and declared Archie dead. This is despite the Code being very clear as to how brain stem death should be declared, and this process not being able to be followed for Archie. This is also despite none of the clinicians who examined Archie declaring him dead. This is absolutely unprecedented, and in the last judgement when the parents won their right to appeal, the judge strongly advised against the courts ever declaring a person dead in this way.
The judge who had agreed with the guardian briefly considered Archie’s best interests, but the more recent judge said that it was understandable that the parents would not trust this decision because of the procedural mishap, and because the guardian didn’t make a bests interests report.
All parties agreed that his best interests should have been considered, (which the hospital initially wanted to do anyway before the guardian dissuaded them), which is why Archie’s parents won their right to appeal.
Archie has now been appointed a new guardian.
I am glad that the legal process is being followed properly. Being declared brain stem dead or dead is a very serious legal matter and it protects us all that it is treated with such thoroughness.
It’s worth remembering as well that the hospital trust took Archie’s family to court - not the other way round, as some people seem to think.
