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I hope I am doing this correctly never used this resource before. Here goes. Have just readthe judgement in R(on the application of G) v Nottinghamshire Health Care NHS Trust and other appplications. [2008]EWHC 1096 (Admin). My reading of this case is that the application failed in relation to having the non smoking ban lifted in Rampton. Can anyone confirm that they have drawn a similiar conclusion, and what if any the impact will be on other psychiatirc hopsitals and units. My apologies if this is posted in the wrong place. Any views appreciated.


Gerard Drummy

Senior Lecturer Mental Health —Preceding unsigned comment added by Heagdrum (talkcontribs) 10:25, 14 October 2008

The case and the Law Reports summary is at R (G) v Nottinghamshire Healthcare NHS Trust [2008] EWHC 1096 (Admin). You're right. Reg 10 of the Smoke-free (Exemptions and Vehicles) Regulations 2007 allows a temporary exemption to the Health Act 2006 definition of "smoke free" for a "designated room for the use of patients aged 18 years or over in residential accommodation in a mental health unit". The exemption ran out on 28 July 2008, and it was the temporary nature of the exemption which was challenged. Rampton introduced a no smoking policy before that date which only allowed for that exemption to be considered on a patient-by-patient basis (never?).
As far as I am aware, the current position in England is that smoking in enclosed or substantially enclosed areas is not permitted. I don't know whether or not the case was appealed. In Wales regulation 3 of the Smoke-free Premises etc. (Wales) Regulations 2007 provides a permanent exemption for a "designated rooms for use by those aged 18 years or more" in a "mental health unit which provides residential accommodation for patients". Jonathan 13:26, 15 October 2008 (UTC)
See this BBC news story - the Court of Appeal gave permission to appeal and the hearing's likely to be before Christmas. Jonathan 20:40, 17 October 2008 (UTC)