Rampton patients lose bid to overturn smoking ban
Rampton patients lose bid to overturn smoking ban
Lord Justice PillPSYCHIATRIC patients should not be allowed to endanger their own and others' health by lighting up whilst detained in Rampton high security mental hospital, top judges ruled today.
In a case costing tens of thousands of pounds of public money, three patients argued that a ban on them smoking "in the privacy of their own home" violated their human rights.
But, after a four-day High Court hearing, two judges ruled that any inADVERTISEMENTterfence with their rights was justified and keeping Rampton "smoke free" was in the interests of patients' health.
Lawyers for three mental patients argued they were being unfairly singled out by the ban on smoking in any part of the Notts hospital - even outside in the grounds.
But, in a ruling which will force Rampton's smokers to kick the habit, Lord Justice Pill said: "There is very strong evidence that smoking causes disease and endangers the health of the smokers themselves and other people who live and work in their vicinity."
"There is, in our view, powerful evidence that, in the interests of public health, strict limitations upon smoking, and a complete ban in appropriate circumstances, are justified."
"A duty to protect others from smoke pollution arises with respect to patients, some of whom may be vulnerable, and to staff."
"On the view we take of the evidence, substantial health benefits arise from the ban and the disbenefits are insubstantial."
"Rampton is operated as a hospital by National Health Service staff and distinction between it and prisons and other accommodation is justified."
"Like other hospitals, it is smoke-free. Both health and security considerations justify the ban even though smoking in the grounds, which may be possible at other hospitals, is not feasible at Rampton."
The judge added that the smoking ban was also justified by security difficulties posed by allowing inmates - many of whom have "dangerous, violent or criminal propensities" - to smoke outside in Rampton's grounds.
Lawyers for the patients had argued that the smoking ban meant they would be the only group of people in the country banned from smoking "in the privacy of their own home".
Paul Bowen, for the patients, argued that others whose homes are in public spaces - such as soldiers and care home patients - will still be able to smoke under special exemptions once the ban comes into force in July and the total ban at Rampton amounted to unlawful discrimination.
Patients' average stay at Rampton is eight years, though for some it is much longer, and for some it is for life, and Mr Bowen argued that forcing them to give up smoking was a disproportionate interference with their right to privacy within their own home.
From 1st July, all mental health units would have a complete ban on smoking indoors. Even smoking in designated rooms would no longer be permitted and, at Rampton, smoking outdoors in the grounds would also be prohibited after the NHS said it was not feasible on security grounds.
The patients had also challenged the legality of a decision by Notts Healthcare NHS Trust, which manages Rampton, to impose the ban from April last year - months ahead of the smoke-free policy deadline - but their judicial review challenge was dismissed.
The three patients who brought the case, all of them legally aided, were denied permission to appeal against the High Court's ruling.
http://www.worksopguardian.co.uk
Lord Justice PillPSYCHIATRIC patients should not be allowed to endanger their own and others' health by lighting up whilst detained in Rampton high security mental hospital, top judges ruled today.
In a case costing tens of thousands of pounds of public money, three patients argued that a ban on them smoking "in the privacy of their own home" violated their human rights.
But, after a four-day High Court hearing, two judges ruled that any inADVERTISEMENTterfence with their rights was justified and keeping Rampton "smoke free" was in the interests of patients' health.
Lawyers for three mental patients argued they were being unfairly singled out by the ban on smoking in any part of the Notts hospital - even outside in the grounds.
But, in a ruling which will force Rampton's smokers to kick the habit, Lord Justice Pill said: "There is very strong evidence that smoking causes disease and endangers the health of the smokers themselves and other people who live and work in their vicinity."
"There is, in our view, powerful evidence that, in the interests of public health, strict limitations upon smoking, and a complete ban in appropriate circumstances, are justified."
"A duty to protect others from smoke pollution arises with respect to patients, some of whom may be vulnerable, and to staff."
"On the view we take of the evidence, substantial health benefits arise from the ban and the disbenefits are insubstantial."
"Rampton is operated as a hospital by National Health Service staff and distinction between it and prisons and other accommodation is justified."
"Like other hospitals, it is smoke-free. Both health and security considerations justify the ban even though smoking in the grounds, which may be possible at other hospitals, is not feasible at Rampton."
The judge added that the smoking ban was also justified by security difficulties posed by allowing inmates - many of whom have "dangerous, violent or criminal propensities" - to smoke outside in Rampton's grounds.
Lawyers for the patients had argued that the smoking ban meant they would be the only group of people in the country banned from smoking "in the privacy of their own home".
Paul Bowen, for the patients, argued that others whose homes are in public spaces - such as soldiers and care home patients - will still be able to smoke under special exemptions once the ban comes into force in July and the total ban at Rampton amounted to unlawful discrimination.
Patients' average stay at Rampton is eight years, though for some it is much longer, and for some it is for life, and Mr Bowen argued that forcing them to give up smoking was a disproportionate interference with their right to privacy within their own home.
From 1st July, all mental health units would have a complete ban on smoking indoors. Even smoking in designated rooms would no longer be permitted and, at Rampton, smoking outdoors in the grounds would also be prohibited after the NHS said it was not feasible on security grounds.
The patients had also challenged the legality of a decision by Notts Healthcare NHS Trust, which manages Rampton, to impose the ban from April last year - months ahead of the smoke-free policy deadline - but their judicial review challenge was dismissed.
The three patients who brought the case, all of them legally aided, were denied permission to appeal against the High Court's ruling.
http://www.worksopguardian.co.uk
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