The family of a student who died after being restrained by police are taking their fight to the High Court to have his death investigated.

Olaseni Lewis, 23, died after he was restrained by up to seven police officers at the Bethlem Royal Hospital in Beckenham on August 31, 2010.

There has yet to be a public inquest into his death and no criminal investigation has been launched after the Independent Police Complaints Commission (IPCC) originally chose to accept written accounts from the Metropolitan Police.

It has now emerged that one avenue available to Mr Lewis’ family is to appeal to the high court to reopen the investigation, meaning police officers could be interviewed under caution.

IPCC Commissioner Rachel Cerfontyne said the Metropolitan Police had indicated they would not challenge such an application but said the onus would be on the family to take action.

She added they are in talks with the family as to the best way to support them and said they regretted Lewis’ family had to take the challenge on themselves.

Mr Raju Bhatt, of Bhatt Murphy Solicitors who is representing the family, said going to the high court is a realistic option but the burden should not be put on the family.

He added the family had no option but to look to the IPCC to ensure there is an effective investigation, even if it is two years and eight months late.

Croydon North MP Steve Reed, who recently called on Government ministers to intervene in the case, said he would support the family in getting the right resolution but said it was shocking that the burden is being put on the family.

Over the past few months the IPCC, the Metropolitan Police and the Crown Prosecution Service have been in deadlock as to whether a new investigation could be launched.

Mr Lewis, who lived in South Norwood, had recently completed a masters degree, and had voluntarily admitted himself as a patient to the hospital, but hours later officers were called to restrain him following a disturbance.

He was taken to Croydon University Hospital after slipping into a coma from which he never recovered, and died days later on September 3.