Edward Devereux QC, a barrister leading the parents’ case, argued before the court that the case should be “remitted for consideration by a High Court judge who should considerer whether it is in Archie’s best interests for life-sustaining treatment to continue.”

The new hearing will take place before a different judge, Justice Anthony Hayden, according to The Daily Mail.

In the initial ruling, Arbuthnot concluded that Battersbee is effectively brain dead and should be disconnected from the ventilator. Lawyers representing Barts Health NHS Trust, the hospital’s governing trust, asked the judge to make a decision in the child’s best interests.

“The evidence in my judgment shows a gradual deterioration from very early on in Archie’s admission into hospital when he had already suffered a very severe brain injury when blood supply and oxygen were prevented from reaching his brain,” Arbuthnot wrote.

“It is clear from the anxious and careful scrutiny of all the evidence including from clinicians with different specialisms from five separate hospitals that tragically on the balance of probabilities, Archie is dead.”

The judge gave “permission to the medical professionals at the Royal London Hospital (1) to cease to ventilate mechanically Archie Battersbee; (2) to extubate Archie Battersbee; (3) to cease the administration of medication to Archie Battersbee and (4) not to attempt any cardio or pulmonary resuscitation on Archie Battersbee when cardiac output ceases or respiratory effort ceases.”

In a statement shared earlier this month by CLC, Dance refused to “give up on Archie.”

“Until it’s God’s way, I won’t accept he should go. I know of miracles when people have come back from being brain dead,” she stated.

The parents maintain that their son has not been “given enough time.” The case is also believed to be the first time an MRI test has been used to declare someone is “likely” to be dead, CLC claims.

“From the beginning, I have always thought, ‘why the rush?'” Dance asked. “His heart is still beating, he has gripped my hand, and as his mother, I know he is still in there.”