Following the decision of the Divisional Court earlier this year that there was no fundamental human right to smoke for patients in secure psychiatric hospitals, two of the three claimants in that action have now obtained permission to appeal that decision. The Court of Appeal considers the issues raised by the judgment to be sufficiently important that it should have the opportunity to reconsider the decision.

The appeal will be listed for two days and is due to take place before Christmas, if at all possible. If the court does not have time to hear the appeal this year, it will be heard by the end of February 2009. We will update you following the outcome of that hearing.