The Court of Appeal have now given judgment on whether or not psychiatric patients have a “human right to smoke” when they are detained in hospital. A challenge was brought against Rampton Hospital, which is a high secure mental health hospital which had introduced a smoke free policy in 2007 where patients alleged the terms of the policy breached their article 8 rights to respect for private and family life.  

The Court of Appeal held that there was no “human right to smoke” for patients detained at Rampton and that the policy of the trust to go smoke free was lawful. The court gave guidance on what kind of rights were protected by article 8 of the European Convention on Human Rights and why detention in a hospital was not the same as living in a private dwelling.  

Click here for the briefing.