Repatriation

This page contains links to information relating to the removal of foreign patients. Detained patients can be repatriated by the following methods, where applicable:

Method of repatriation Figures from House of Lords written answer dated 23/6/10
s86 Mental Health Act 1983 Two patients were repatriated by the Secretary of State under Section 86 in 2007, and one in 2009. All three were restricted patients.
Deportation under Immigration Act 1971 Nine restricted patients were deported in 2007, 11 in 2008 and 12 in 2009. To date, two have been deported in 2010.
Repatriation of Prisoners Act 1984 No patients have been repatriated under the 1984 Act in the past three years.
As a condition of a conditional discharge In 2008, one restricted patient was repatriated by means of conditional discharge.

The Mental Health and Public Protection Group at the Ministry of Justice operate the repatriation provisions of the Mental Health Act. The Home Office bears responsibility for immigration. Repatriation can be carried out either under the Immigration Act 1971 or the Mental Health Act 1983 (R (X) v SSHD [2000] EWCA Civ 311). The use of conditional discharge to facilitate discharge is lawful (R (MJ (Angola)) v SSHD [2010] EWCA Civ 557).

Cases

See Category:Repatriation cases.

See also

UK Borders Act 2007 — This Act is relevant to mental health in that it affects whether the deportation of a foreign criminal detained under the Mental Health Act 1983 is conducive to the public good.§

External links