The family of a Croydon man who died in prison after stealing a gingerbread man from a looted bakery during the 2011 riots are suing two NHS trusts for breaching his human rights.

March 2013: Inquest told James Best, jailed for stealing in Croydon riots, died due to Wandsworth prison 'shambles'

March 2013: Croydon family slams 'draconian' prison system after James Best's Wandsworth custody death

The London Ambulance Service and St George's Healthcare will face a civil trial at the High Court this week following James Best's death at HMP Wandsworth four years ago.

The 37-year-old died on September 8 after collapsing during heavy gym session at the jail, where he was awaiting sentencing for the theft.

His foster family began legal action after hearing of delays in Mr Best's treatment at inquest into his death at Westminster Coroner's Court in March 2013.

The inquest also heard prison staff failed to properly complete health checks during his induction to the gym.

Mr Best's foster mother and brother Dolly and Owen Daniel accuse St George's, which provided healthcare staff to the prison, and the ambulance service of breaching Article 2 of the European Convention of Human Rights, which guarantees the right to life.

In a statement issued ahead of the start of the trial, they said: "The trusts’ lack of openness, accountability and compassion beggars belief.

"We feel like they have tried to brush us off, which is disrespectful to James and to those who care about him.

“We continue to wait for an apology for James and on behalf of all vulnerable people who lose their lives and are discounted by those who were meant to succour them when they needed it most.”

Nancy Collins, a solicitor at Irwin Mitchell, which is representing the family, said: “James's family have been completely devastated by his death and the last four years have been an extremely difficult time for them.

“His family hope that the trial will assist in the recognition of the failures that prevented James from receiving the appropriate care in breach of his human rights."

The trial will begin this afternoon and is expected to last five days.