Test case over Rampton smoking ban

Two patients at Rampton high security psychiatric hospital have won the right to bring a test case over the smoking ban imposed on such institutions.

The two inmates - who can only be identified as G and N - are appealing against a High Court decision that Article 8 of the Human Rights Act, which relates to respect for a private life, was not engaged in the case and, even if it was, the interference was justified.

The hearing, which is due to last two days, is likely to take place in London before Christmas.

Granting permission, Lord Justice Tuckey, sitting with Lady Justice Smith in the Court of Appeal, said that the Article 8 point - and the related questions of discrimination under Article 14 - was sufficiently arguable and should be considered.

He said: "It is obviously a case of importance - not just to those detained at Rampton, but also to the many other mental patients who are smokers.

"We are told that 70% of detained patients smoke as opposed to 22% of the general population."

The ban, which came into effect at Rampton at the end of March 2007, is a result of the combined effect of the Health Act 2006, the Smoke-free (Exemptions and Vehicles) Regulations 2007 and the policy of the Nottinghamshire Healthcare NHS Trust, which manages Rampton.

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