The family of Archie Battersbee has been denied permission to take its appeal of a High Court ruling to withdraw the 12-year-old’s life support to the UN.
The young boy at the centre of the legal battle has relied on mechanical ventilation since being admitted to hospital on 7 April, when he was found unconscious with a ligature over his head.
Doctors treating Archie at the Royal London Hospital in Whitechapel, east London, think he is brain-stem dead and say continued life-support treatment is not in his best interests.
On Monday, his parents, Hollie Dance and Paul Battersbee, were allowed to appeal the decision at the Court of Appeal, but lost.
Three Court of Appeal judges ruled that the High Court judge’s previous decision was not wrong.
The boy’s relatives have now said it will apply to the Supreme Court in order in a second bid for the case to be heard at the United Nations.
Archie’s family claim that stopping his life support would breach Articles 10 and 12 of the UN Convention on the Rights of People with Disabilities and Article 6 of the UN Convention on the Rights of Children.
These obligations on the UK require nations to take all necessary measures to ensure disabled people enjoy equal rights and that governments should do all they can to prevent the deaths of children and young people.
Archie’s parents have, however, said they have been given more time to make an application to the European Court of Human Rights.
A lawyer representing Archie’s parents, Hollie Dance and Paul Battersbee, had asked appeal judges to “stay” the termination of treatment to allow time for consideration of an application to the European court.
Appeal judges imposed a stay and said Archie’s parents could have until 2pm on Wednesday to make an application to the European court.
A spokesman for the centre said on Wednesday that appeal judges had extended that deadline to 2pm on Thursday, after lawyers made a further, written, request.
They aim to ask judges at the European Court of Human Rights to intervene after losing the latest round of a treatment fight in London, a lawyer said.
Evidence presented to court showed that Archie is in a “comatose state”.
The court heard that Ms Dance found her son unconscious on 7 April and that she thought her son may have been taking part in an online challenge.
The 12-year-old has not regained consciousness since that date.
The High Court ruling for the withdrawl of Archie’s life-support treatment had been stayed for the two days following the Court of Appeal ruling on Monday pending applications to any international tribunals.
It comes after Archie’s father Paul was feared to have suffered a heart attack or stroke shortly before Court of Appeal judges ruled that the youngster could be disconnected from a ventilator.
He left hospital on Wednesday, according to a family spokesperson.
Archie‘s family is being supported by a campaign group called the Christian Legal Centre.