Mr Birks was the senior officer involved in the arrest of Sean Rigg, who died in police custody back in 2008.
Mr Rigg, who was 40 and suffered from schizophrenia, was taken to Brixton police station after being accused of attacking a man, but died after suffering a cardiac arrest.
Mr Birks resigned in April, stating that he wished to become a minister in the Church of England.
However, the Metropolitan Police refused to let him go until an inquiry reports its findings into the incident.
Mr Birks is due to be ordained later this month as a curate in Sussex after completing a three-year theology course.
He is now challenging the Met's decision at the High Court, claiming that it breaches his human rights.
Premier has contacted the Met and is waiting for a response.
The case continues.