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Mental patients banned from smoking outdoors win right to challenge ruling

Fri 6th May, 2011

Patients banned from smoking at a mental hospital in Milton Keynes have won the right to launch a unique High Court test case.

People being treated there are forbidden from smoking outside in the grounds and even on supervised visits into the community.

But lawyers for the patients argue that stopping them smoking in the grounds of Chadwick Lodge Hospital amounts to disability discrimination.

They say patients detained due to their mental illness are being treated "less favourably" than the general population, who can smoke out of doors.

Today a judge granted permission for two current inmates, and one man who has now been moved to another hospital where outdoor smoking is permitted, to mount a full judicial review challenge to the ban.

Source: BBC Essex (6 May 2011)

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