Court of Appeal judges have ruled that a High Court judge should reconsider the case of Archie Battersbee and decide whether it is in his best interests for life-support treatment to end.
A High Court judge recently concluded, on the balance of probabilities, that 12-year-old Archie was dead and ruled that doctors could lawfully stop providing treatment.
Three appeal judges analysed the case at a Court of Appeal hearing in London on Wednesday and said there should be another High Court hearing with the evidence looked over by a different judge.
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In her verdict delivered on 13 June, Mrs Justice Arbuthnot ruled that Archie's doctors could stop lawfully providing treatment after considering the evidence put forward at a trial in the Family Division of the High Court.
Lawyers for Barts Health NHS Trust had asked Justice Arbuthnot to decide what was in Archie's best interests.
Doctors treating Archie at the Royal London Hospital had told Justice Arbuthnot they thought it was 'highly likely' the 12-year-old was 'brain-stem dead'.
Their recommendation was that his life support treatment be stopped and he taken off his ventilator.
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Archie's parents, Hollie Dance and Paul Battersbee, say their son's heart is beating and they still want to continue with his treatment.
Edward Devereux QC, lawyer for Archie's parents, argued that the decision on Archie's life support had been made on a balance of probabilities rather than on the principle of reasonable doubt.
He argued that the analysis of the evidence had not been 'comprehensive' and suggested it was not of a 'gold standard'.
Devereux said a decision with the 'gravity' of switching off a young boy's life support should be made when the decision is beyond all reasonable doubt rather than on the balance of probability.
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Archie's case will be reconsidered at a hearing in the Family Division of the High Court on 11 July.
When the case is reconsidered the judge will be Mr Justice Hayden who delivers the next decision.
The three judges who approved the family appeal said they would give their reasons at a later date.
Archie suffered brain damage at his home on 7 April, as his mum found him unconscious and with a ligature over his head.
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She thinks he might have been trying to take part in an online challenge, he has not since regained consciousness.
Archie's mum Hollie previously said 'all we have ever asked for is time', arguing that people can be in comas for a long time.
She said Archie 'should be treated as a living patient until it can be proven that he’s not'.
Topics: UK News
Joe Harker