Ms K, was under psychiatric care in Republic of Ireland, she is a British & Irish passport holder. She returned to the town where she attended the University of X nearly a decade ago.
Her stated reason for being in X was wanted to live there, though she had no recent connection to or family in X. She was homeless, and living in a tent in X for three months before she was committed under section 2, having presented at the local A&E. It is highly likely she will need a section 3. Can she be moved to another area if a section 3 is made? The suggestion has been made that she be repatriated to Ireland. Any insight would be helpful.
Replying without an actual answer because Iām interested in following the replies you receive!
My best guess is if sheās a British passport holder, authorities might struggle to force her to leave the country because whatever she does need can be provided in the UK.
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MHA section 86 allows the removal of āalien patientsā, following some specific procedures. However from the post there appear to be two reasons why this will not apply in this case.
- If the person has a British passport, then they will surely be considered a British citizen, even if they have joint citizenship. s86 only applies to those people who are neither British nor Commonwealth citizens (with right of abode in UK).
- s86 only applies to patients subject to s3 (or some other long term sections), so if this person is currently detained on s2, it would not apply. Even if the person is detained on s3, the first criterion will prevent s86 becoming available for consideration.
As Michael has implied, I think the word ārepatriationā would not apply to a British citizen.
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I agree with the previous respondents that she cannot be shipped off to Ireland without her agreement. So why not carry on with treating her here at X in the UK and when she improves the clinical team will be duty bound to consider after care issues such as where best for her.
Hi Frances, I agree with Steveās point, but that only answers the MHA and repatriation question.
You state that Ms K was in X because she wanted to live there and that she has resided in X for three months. I donāt work in a local authority so happy to be corrected on ordinary residence, but my understanding would be that Ms K was ordinarily resident in X at the time of s2 commencement. She was in X voluntarily and for settled purposes (Shah test). In my view the fact she was in the Republic of Ireland more than three months ago seems like a bit of a red herring.