Patients win smoking ban appeal

Two patients at a high security mental hospital in Nottinghamshire have won the right to appeal against a smoking ban on the premises.

An Appeal Court judge gave the Rampton hospital patients the right to bring a test case over the ban which was imposed in March 2007.

In May a High Court judge upheld the hospital's no-smoking policy for patients.

But the patients - known as G and N - argued it violated their human rights.

'Important case'

Solicitors had said that as Rampton is the patients' home it should not be subject to a ban.

Granting permission, Lord Justice Tuckey said their argument should be considered.

He 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 hearing, which is expected to last two days, is likely to take place later this year.