A group of patients who are being detained at an independent sector medium secure unit in Buckinghamshire have gained permission from the administrative court to challenge the smoke free policy in operation there.

Mr Justice Silber (who was part of the Divisional Court that found that the smoking ban in high secure hospitals was lawful) ruled that the matter was of such importance that it should be allowed to proceed to the next stage of judicial review.

Patients at the unit (Chadwick Lodge in Milton Keynes) are arguing that the Equality Act 2010 is breached by the implementation of a smoke free policy across the site and that their rights are being infringed by their not being allowed to smoke outdoors.

The case will now be listed for a full hearing. We will keep readers posted on developments.