The family of a man who has been in a coma for two years have lost their legal battle against the law that allows householders to use lethal force against intruders.

Denby Collins, 39, became critically ill after being handcuffed by officers, who were called to reports of an intruder at a house in Gillingham in December 2013.

He was taken to Medway Maritime Hospital but has remained in a coma ever since and doctors say he has little prospect of getting better.

The 39-year-old, of St Albans Close, Gillingham, has been described by police as a burglary suspect, a claim vehemently disputed by his parents.

Peter and Janet Collins launched a legal challenge to the law, introduced by then Justice Secretary Chris Grayling in 2013, which gives householders to right to use force to tackle intruders.

The rules allow a person to use disproportionate force, including the use of lethal force, to challenge an intruder. Only grossly disproportionate force is illegal.

Mr and Mrs Collins argued that this contravened Article 2 of the European Convention on Human Rights, which protects life.

“I don’t accept Denby was attempting to burgle anyone’s house at 3am – it doesn’t make any sense, it isn’t like him to do anything like that.” - Peter Collins

In a landmark ruling on Friday, however, the High Court in London threw out the case when two judges said the law did not breach human rights laws.

As reported on The Mail Online, Sir Brian Leveson, president of the Queen’s Bench Division, said: “A householder will only be able to avail himself of the defence if the degree of force he used was reasonable in the circumstances as he believed them to be.”

Mr Justice Cranston said the law “meant that in householder cases the force used in self-defence is not unreasonable simply because it is disproportionate, unless, of course, it is grossly disproportionate”.

He added: “The circumstances are likely to be rare, but one can envisage force being used by householders in self-defence which is objectively disproportionate but which is reasonable given what they believed those circumstances to be.”

The Collins family said in a statement released by their solicitors, Hickman and Rose, that they were disappointed with the ruling and are considering an appeal.

Police were called to a house in Lower Rainham Road on December 15, 2013, at about 3.20am, after an emergency call from the residents. When officers arrived, they found at least one resident restraining Mr Collins, who the police arrested and handcuffed. Mr Collins was unresponsive and the South East Coast Ambulance Service attended.

Speaking to the Medway Messenger six months after the incident, Mrs Collins said she had spoken to him that night and he did not mention he was going out.

When his parents could not reach him on the phone the next morning, they went to his flat and found his back door unlocked.

There was a half-eaten meal in the kitchen and water in the bath. They immediately rang Mr Collins’ mental health worker and contacted the hospital, where they discovered he had been admitted.

Mr Collins said: “I don’t accept Denby was attempting to burgle anyone’s house at 3am – it doesn’t make any sense, it isn’t like him to do anything like that.”

In September 2014, Alison Saunders, director of public prosecutions, decided not to prosecute the homeowner.