By what Means are Medical Professionals Able to Reject Hostile Environment Policy within the NHS?

Abstract

A Memorandum of Understanding (MoU) was uncovered in January 2017 detailing the sharing of patient data from NHS Digital to the Home Office. It signified a deepening of the hostile environment’s presence in the NHS, and was comprehensively rejected by medical professionals. In November 2018, following extensive action calling for its removal, the MoU was withdrawn. This chapter explores how three factors: the lack of legal basis, wide reaching effects, and ethical conflicts of the MoU led to the success of this action, and aims to apply these lessons to other areas of hostile environment policy. It will be established that ethics proved the most influential factor in inciting the opposition, however, all factors may have been integral to the overall success. It shall be demonstrated that, although the success of this action promises much with regards to charging policy, it may be of limited applicability to other areas of the hostile environment.

Citation

Bertolini, I. (2021), "By what Means are Medical Professionals Able to Reject Hostile Environment Policy within the NHS?", Sarat, A. and Prabhat, D. (Ed.) Privatisation of Migration Control: Power without Accountability? (Studies in Law, Politics, and Society, Vol. 86B), Emerald Publishing Limited, Leeds, pp. 23-39. https://doi.org/10.1108/S1059-43372021000086B003