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
Judges:
Lady Dorrian
Citations:
[2011] ScotCS CSOH – 21, 2011 GWD 4-120, [2011] CSOH 21, 2011 SLT 233
Links:
Statutes:
Mental Health (Care and Treatment) (Scotland) Act 2003 1, National Health Service (Scotland) Act 1978 102(1)
Jurisdiction:
Scotland
Cited by:
Cited – McCann 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