28 April 2017
McCann v State Hospitals Board for Scotland [2017] UKSC 31, [2017] All ER (D) 48 (Apr)
The Supreme Court allowed in part the appellant’s appeal against the respondent State Hospitals Board for Scotland’s decision to implement a comprehensive smoking ban at a state hospital. The prohibition on having tobacco products and the search and confiscation regime in the decision were unlawful under domestic law because they did not comply with the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Mental Health (Safety and Security) (Scotland) Regulations 2005 (SSI 2005/464). Consequently, the impugned decision infringed the appellant’s rights under Art 8 of the European Convention on Human Rights.
