Facts: the claimant was a foreign national, unlawfully present in the UK, detained in hospital pursuant to section 48 of the MHA 1983. He challenged the Secretary of State for the Home Department’s decision to remove him from the UK.

Judgment: the Court of Appeal (Schiemann and Tuckey LJJ, Sir Swinton Thomas) held that while the Secretary of State for the Home Department did not have power under the MHA 1983 to remove X from hospital without permission from the MHRT, under section 86, he did have power to bypass the MHA 1983 and remove X under the Immigration Act 1971 and his decision to do so was, on the facts, rational and compliant with the ECHR.