Repatriation
Detained patients can be repatriated under either of the following legislation, where applicable:
- s86 Mental Health Act 1983
- Immigration Act 1971
The Mental Health Unit at the new Ministry of Justice will operate the repatriation provisions of the Mental Health Act. The Home Office bears responsibility for immigration.
R (X) v SSHD [2000] EWCA Civ 311 - Home Office can repatriate using either Immigration Act 1971 or Mental Health Act 1983
External links
From Ministry of Justice website:
- Advice on the repatriation of foreign national restricted patients - 11 January 2007 - "Advice from the Mental Health Unit's casework manager on what Responsible Medical Officers should consider when dealing with a foreign national restricted patients."