View source for ZH v Commissioner of Police for the Metropolis (2012) EWHC 604 (QB), (2012) MHLO 25

''ZH, a severely autistic, epileptic 19-year-old man, became fixated with the water during a school visit to a swimming pool and would not move from the water's edge: the police were called; when an officer touched him on his back he jumped into the water, fully clothed; the police had him taken out of the pool and restrained him. (1) The police actions constituted assault, battery and false imprisonment. There was no need for the police to be aware of the Mental Capacity Act 2005 for the defence in ss[[MCA 2005 s5|5]]-[[MCA 2005 s6|6]] to be made out, but on the facts it was not. When the MCA applies, the common law defence of necessity has no application, but had it applied it would have failed. (2) There was a breach of the [[DDA 1995]] duty to make reasonable adjustments to the normal practice, policy or procedure, and the defence of justification failed. (3) The inhuman or degrading treatment breached [[Article 3]]. (4) Even treating purpose and intention as relevant, there was a breach of [[Article 5]]. (5) The intereference with ZH's private life under [[Article 8]] was not in accordance with the law or proportionate. (6) Quantum: PTSD £10,000; exacerbation of epilepsy £12,500; DDA £5,000; trespass to the person (loss of liberty £500, pain and distress from assault £250); total £28,250; no aggravated or exemplary damages; no additional HRA damages.''

==Related judgments==
[[ZH v Commissioner of Police for the Metropolis (2013) EWCA Civ 69, (2013) MHLO 9]]
*[[ZH v Commissioner of Police for the Metropolis (2012) EWHC 604 (QB), (2012) MHLO 25]]

==External link==
{{#bailii:[2012] EWHC 604 (QB)|no}}

[http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/zh-v-commissioner-of-police.pdf Transcript on Judiciary website]

[http://www.guardian.co.uk/society/2012/mar/14/autistic-teenager-damages-police-restrained?CMP=twt_fd Owen Bowcott, 'Autistic teenager wins damages from police after being restrained' (Guardian, 14/3/12)]

[[Category:Other capacity cases]]
[[Category:Brief summary]]
[[Category:Transcript]]
[[Category:2012 cases]]