Intended for healthcare professionals


Disabled man can appeal order that saw him forcibly removed from his home at 3 am

BMJ 2019; 367 doi: (Published 07 October 2019) Cite this as: BMJ 2019;367:l5893
  1. Clare Dyer
  1. The BMJ

A man with Duchenne muscular dystrophy who was forcibly removed from his home at 3 am and taken to hospital after a judge made an emergency order has been given permission to appeal against the order three and a half years later.1

Aamir Mazhar had full mental capacity to take decisions about his treatment when the order was made in April 2016. Birmingham Community Healthcare NHS Foundation Trust had given the emergency judge, Mr Justice Mostyn, information that “was wrong and may have been untruthful,” another High Court judge, Sir Ernest Ryder, declared later.

Mazhar sued the trust and the Lord Chancellor, the minister responsible for judges. The trust paid him £10 000 (€11 213; $12 294) in an out of court settlement. But his claim against …

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