Darren Neville police restraint death case at High Court

The family of a man who died after he was restrained during a mental health episode has begun an action against the Metropolitan Police at the High Court.

Darren Neville, 28, suffered irreversible brain damage after being restrained during a breakdown in 2013.

Mr Neville, who had used cocaine, was restrained by six officers when he was seen in the street in his underwear and with a recycling bin on his head.

His family claims the police subjected Mr Neville to inhuman treatment.

The Met said its officers were faced with an emergency situation and their actions were "entirely reasonable given the circumstances".

On the night of the breakdown, Mr Neville cut himself when he used a fire extinguisher to smash through the glass door of a probation hostel and was "shouting and behaving bizarrely", the court was told.

Rajeev Thacker, counsel for Mr Neville's parents, said handcuffs and leg restraints were used to restrain him.

Mr Neville suffered two short fits, bloody foam came from his mouth and was seen to have a blue tongue, the court heard.

He was taken to hospital where he was diagnosed as being in a vegetative state with limited scope for recovery.

Before he died on 5 May, he was unable to communicate except by screaming, which was thought to be a combination of pain and frustration, the court heard.

Mr Thacker told Mr Justice Martin Spencer on Monday that medical experts agreed the restraint contributed to the cardiac arrest which was ultimately the cause of death.

The victim's family, of Finsbury, north London, has brought the case under the European Convention on Human Rights, claiming the police, who deny liability, violated Mr Neville's right to life and subjected him to inhuman or degrading treatment.

Mr Thacker said the officers, who were trained in mental health, should have recognised that Mr Neville might have been having an acute behavioural disturbance (ABD) and there was a real risk of death if he was restrained.

"The officers immediately ran into the situation, so escalating the situation. They might not have had to use restraint at all", he said.

"In so far as restraint became necessary, the officers simply were not thinking and the response was to restrain more and more as Mr Neville struggled more and more."

The hearing was adjourned until Tuesday.