Disabled man ‘forcibly removed from home’ launches new court appeal

A disabled man who says a High Court judge acted unlawfully when he gave medics permission to take him from home to hospital and authorised the use of force has begun a second legal fight.

Aamir Mazhar, 29, who suffers from muscular dystrophy, has taken legal action against the Lord Chancellor, and says an order made by Mr Justice Mostyn, who is based in the Family Division of the High Court in London, infringed on his human rights.

A Court of Appeal judge analysed Mr Mazhar’s claim in 2017 and ruled against him.

Mr Mazhar on Tuesday challenged that ruling by Sir Ernest Ryder and asked three Court of Appeal judges to consider the case.

Sir Terence Etherton, Lord Justice Singh and Lord Justice Baker are overseeing a hearing in London which is due to end on Wednesday.

Mr Mazhar argues his rights to liberty and respect for private and family life were breached when he was “forcibly removed” from his home in Birmingham three years ago.

He had asked Sir Ernest, a judge in the Court of Appeal, to declare Mr Justice Mostyn’s order “unlawful”.

But Sir Ernest said he had no power to make the declaration asked for.

He said Mr Justice Mostyn had made the order 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 2016.

Judges have heard that Mr Mazhar made a separate damages claim against the trust, which had been settled.

Detail of that case emerged at an earlier court hearing.

Lawyers representing the trust said an emergency application was made because staff 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.

They said Mr Mazhar had a degree in software engineering and had the mental capacity to make decisions for himself.

Lawyers representing the Lord Chancellor dispute Mr Mazhar’s claim and say his appeal should be dismissed.

A lawyer representing Mr Mazhar says the case is of “constitutional importance”.

“This was an extremely important case which sought to establish that a man with mental capacity to make decisions for himself was unlawfully detained against his wishes,” said Yogi Amin, who is based at law firm Irwin Mitchell.

“The last few years have been difficult for Aamir but today’s court hearing is an important milestone in officially recognising his human rights were breached.”

He added: “The court hearing is of constitutional importance and reinforces the need for the courts to ensure that decisions affecting people with disabilities are made with their human rights in mind.”

Copyright (c) PA Media Ltd. 2019, All Rights Reserved. Picture (c) Kate Collins / PA Wire.

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