Birmingham & Black Country

Judge 'unlawful' over removal of disabled man from home

A disabled man claims a High Court judge acted unlawfully when giving medics permission to remove him from his home to hospital and authorising the use of force.

Aamir Mazhar, who has muscular dystrophy, says the order by Mr Justice Mostyn infringed his human rights.

He has taken legal action against Liz Truss, the Lord Chancellor and Justice Secretary, who disputes the claim.

Mr Mazhar's lawyers claim there was "no basis" for making the order.

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Mr Mazhar, 27, from Birmingham, says his rights to liberty and respect for private and family life were breached when he was "forcibly removed" from his home 13 months ago.

A more senior judge is analysing the case at a trial in the Family Division of the High Court.

'No basis'

Court of Appeal judge Sir Ernest Ryder has been asked to declare that Mr Justice Mostyn's order was "unlawful".

Birmingham Community Healthcare NHS Trust had asked Mr Justice Mostyn to make the order at an out-of-hours telephone hearing in April 2016, the court heard.

Sir Ernest heard Mr Mazhar had made a separate damages claim against the trust which had been settled.

At a hearing in June 2016, lawyers representing the trust said staff had made an emergency application as 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 Mr Mazhar was at risk of serious injury or death.

However, lawyers representing Mr Mazhar told Sir Ernest on Wednesday there had been "no basis" for the making of the order.

The trial continues.

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