Lyons, Re Judicial Review: SCS 2 Feb 2011

The petitioner was a detained patient, subject to both a compulsion and restriction orders. He objected to a policy restricting visitors from bringing food parcels, and restricting ordering food from outside.
Held: Lady Dorrian held that the Board had failed to consult with patients (as it had conceded it was required to do by section 1 of the 2003 Act) on its decision to ban visitors from bringing food parcels into the State Hospital and to ban patients from ordering in food


Lady Dorrian


[2011] ScotCS CSOH – 21, 2011 GWD 4-120, [2011] CSOH 21, 2011 SLT 233




Mental Health (Care and Treatment) (Scotland) Act 2003 1, National Health Service (Scotland) Act 1978 102(1)



Cited by:

CitedMcCann v The State Hospitals Board for Scotland SC 11-Apr-2017
A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking . .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights

Updated: 30 July 2022; Ref: scu.428691