Tuesday 13 November 2018
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Disabled Birmingham man to sue over night removal from home

Lawyers for a disabled man who was removed from his Birmingham home and taken to hospital at night are to sue his health trust.

Aamir Mazhar, 25, said Birmingham Community Healthcare NHS Foundation Trust breached his human rights and had been authorised to use force.

An emergency order was obtained because his situation was critical, health bosses said.

They dispute his claims and say his "care package" had "broken down".

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Mr Mazhar, who has muscular dystrophy, said the trust deprived him of his liberty when it requested the order from Mr Justice Mostyn at an out-of-hours hearing in the Family Division of the High Court.

'Injury risk or death'

At a preliminary analysis of the case at a hearing in the Family Division of the High Court barrister Chris Buttler, representing Mr Mazhar, told Mr Justice Keehan his client had been provided with 24-hour care at his home.

Mr Mazhar, he said, was intelligent, university-educated and had the mental capacity to make decisions about where he lived and about his care.

The court was told police and ambulance staff entered his home at about 01:00 BST on 23 April and that it took two hours to wash and dress him and prepare his equipment before he was removed and taken to hospital.

Jenni Richards QC, who headed the trust's legal team, said the emergency application was made "in good faith".

She said the trust was "unable, despite its best endeavours, to find any staff to provide care for him" and the trust "genuinely and reasonably considered that he was at risk of serious injury or death".

She added: "Criticisms of the trust's actions and position are misplaced."

The decision of the court is expected at a later date.