Somali migrant rapist wins court battle against NHS after painkillers proscribed in prison during Ramadan

He was then given a life sentence with a minimum term of 10 years in 2016 for raping two more women in 2014, whom he also threatened with weapons.

Now, the 41-year-old has won his case against Birmingham Community Healthcare NHS Trust after he claimed its policy of only dispensing the opiate-based painkiller codeine at HMP Birmingham in the morning or afternoon during Ramadan breached his human rights.

The dispute dates back to May 2019, when Ibrahim was first prescribed codeine for knee pain while being held at HMP Birmingham.

Ibrahim then brought a case against the NHS Trust at Birmingham County Court in 2024 and won.

The trust then appealed to the High Court in a case heard in May and July; however, a judgment issued on September 29 ruled in Ibrahim's favour.

Ibrahim, who is currently being held at HMP Whatton, in Nottinghamshire, is set to be considered for release by a parole board in the coming months as his minimum jail term comes to an end and he could be deported.

The court heard how Ibrahim would have to "present himself" at a medication hatch each day at HMP Birmingham, which was opened by guards during fixed hours each morning and afternoon.

However, during the Muslim Holy Month of Ramadan in 2019, from May 6 to June 4, Ibrahim declined to take the painkiller during the allotted times, reports The Mail.

Upon approaching the hatch at around 5pm on May 6, Ibrahim was told by the nurse that codeine could not be taken away.

He was told that if he wished to take it, "he would have to do so there and then under her supervision", which he refused.

The incident repeated itself for two more days before Ibrahim made an appointment with the prison's GP.

On May 9, he received paracetamol as a temporary alternative that he could take away from the hatch with him; however, he claimed he suffered withdrawal symptoms from not taking the codeine.

After being transferred, he brought his legal claim against the trust, accusing medical staff of breaching his rights to private life, freedom of religion and freedom from discrimination.

In 2024, Birmingham County Court ruled that the dispensing policy amounted to indirect religious discrimination.

During the County Court hearing, Judge Mohammed Shakil Najib ruled the dispensing policy amounted to "indirect" religious discrimination under Article 14 of the European Convention on Human Rights.

He told the court: "The policy had no such impact on prisoners who had been prescribed medication which could only be taken under supervision but were not Muslim".

However, he rejected the claims relating to private life and freedom of religion.

The trust then appealed the decision, arguing that providing routine medication outside routine hours would be impractical in a prison operating under strict security and staffing constraints.

At the appeal hearing at Birmingham Civil Justice Centre, Mr Justice Soole rejected the trust's warning that Judge Najib's ruling could lead to further claims, adding the 2024 decision was based on "very particular facts and circumstances".

A Birmingham Community Healthcare NHS Foundation Trust spokesman told MailOnline: "We respect the Court's judgment, will learn from it and are considering how to apply its findings. We are committed to preventing any discrimination in our services at HMP Birmingham."

The Home Office said they would "pursue Mr Ibrahim's deportation at the earliest opportunity following his release"

A spokesman added: 'Our thoughts are with the victims of these sickening crimes. Foreign national offenders are referred for deportation at the earliest opportunity post-sentencing and will be barred from ever returning.

"Over 11,700 foreign criminals, including murderers and rapists, have been removed since the last election, a 41 per cent increase when compared to the previous two-year period."