Petition for C M for Judicial Review and Answers for the State Hospitals Board for Scotland

A patient at a state mental hospital in Scotland challenged the hospital’s comprehensive smoke-free policy, which prohibited him from smoking indoors and on the hospital grounds. The court found that the hospital’s policy was unlawful as applied to this particular patient but it did not overturn the smoking policy entirely. The court ruled that the hospital’s policy violated the patient’s human rights and the hospital failed to show an objective and reasonable justification for treating the patient differently from adult prisoners, who are able to smoke. The court refused to award damages to the patient. 

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Petition for CM for Judicial Review and Answers for the State Hospitals Board for Scotland, CSOH 143 (2013).

  • United Kingdom
  • Aug 27, 2013
  • Court of Session

Parties

Plaintiff CM

Defendant The State Hospitals Board for Scotaland

Legislation Cited

Mental Health (Care and Treatment) (Scotland) Act 2003

National Health Service (Scotland) Act 1978

Smoking, Health and Social Care (Scotland) Act 2005

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None