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.