Home news Birmingham man loses court bid over hospital force

Birmingham man loses court bid over hospital force


A disabled man who complained a High Court judge acted unlawfully by giving medics permission to remove him from his home and authorising the use of force, has lost a legal fight.Aamir Mazhar, said his human rights were breached when he was “forcibly removed” to a hospital in 2016.Mr Mazhar, from Birmingham, is in his late 20s and suffers from muscular dystrophy. Sir Ernest Ryder, sitting at the High Court, ruled against him.Mr Mazhar took legal action against David Lidington, the Lord Chancellor and Justice Secretary, who is responsible for considering complaints against judges. Mr Lidington has disputed the claim.Sir Ernest analysed the case at a trial in the Family Division of the High Court in London in May.Mr Mazhar, who said his rights to liberty and respect for private and family life were breached, asked the court to declare the original order, made by Mr Justice Mostyn, as “unlawful”.Sir Ernest ruled he had no power to make the declaration and the ruling that Mr Justice Mostyn had made was on a “specific evidential basis”.Bosses at Birmingham Community Healthcare NHS Trust had asked Mr Justice Mostyn to make the order at an out-of-hours telephone hearing in April last year.Lawyers representing trust bosses said in June 2016, that staff had made an emergency application to Mr Justice Mostyn because they were facing a critical situation.They said a “care package” provided to Mr Mazhar at his home had “broken down” and staff thought that he was at risk of serious injury or death.Lawyers representing Mr Mazhar told Sir Ernest there had been “no basis” for the making of the order.The judge said if Mr Mazhar wanted to challenge Mr Justice Mostyn’s order he should take a different legal route and mount an appeal in the Court of Appeal.
Source: BBC Black Country