Pair win right to challenge smoke ban
Two psychiatric patients have been given the go-ahead to appeal against the smoking ban at Rampton Hospital.
Patients have won right to challenge ban
The patients lost their High Court case in May but have now been given the right to appeal the decision.
They argue the smoking ban violates their human rights as the hospital is, in effect, their home.
They believe that being prevented from smoking in the privacy of your own home is a "disproportionate interference".
The security of allowing patients outside the grounds to smoke was one issue raised in the case.
Lord Justice Tuckey 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 appeal is likely to be heard later this year.
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