It is the Secretary of State's policy not to detain mentally ill persons pending deportation, save in "very exceptional circumstances". The claimant was entitled to a declaration that the SoS had unlawfully failed to consider the implications of his policy; however, the detention was not in breach of the policy, and continued detention was lawful.

Related judgments

Anam v SSHD (2010) EWCA Civ 1140

• Anam v SSHD (2009) EWHC 2496 (Admin)

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