22/01/2013

Met Launch Appeal Over Discrimination Ruling

The Metropolitan police will launch an appeal today over a ruling of false imprisonment and discrimination of an autistic boy.

Police restrained the boy, known only as ZH, in handcuffs and leg restraints and placed him in a police after he had jumped into a swimming pool.

The boy’s father has criticised the force for challenging the judges ruling against them.

It is understood that ZH, who was 16 at the time of the incident in 2008, has severe autism and epilepsy with a mental age of five, and can react adversely if touched or approached by someone he does not know.

During a school trip to Acton Baths in west London ZH became fixated by the water and approached it, staying by the pool side for at least half an hour. His carers told swimming pool staff that his behaviour was consistent with his condition and that he had to be given time to move away of his own accord.

However, the pool manager called police. When officers tried to take hold of ZH he immediately jumped into the chest-deep water. Witnesses say he was not in trouble in the water and bobbed up and down excitedly.

But as police officers then tried to forcibly get him out, ZH became agitated and distressed. Soaking wet, he was eventually restrained by two pairs of handcuffs and leg restraints and locked into the cage compartment of a police van.

Central London County Court heard that the experience exacerbated ZH's epilepsy and he was diagnosed with post-traumatic stress disorder.

In a significant ruling against the Met, Judge Sir Robert Nelson found the force had subjected ZH to inhuman or degrading treatment and to unlawful discrimination because of his disability.

ZH was awarded almost £30,000 in damages.

(H)

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