The High Court yesterday heard that a resolution had been reached between the South Eastern Health and Social Care Trust and the woman, who is currently being detained in one of their hospitals.

Gary Adair, partner at Wilson Nesbitt and specialist in judicial reviews and mental health law, represented the woman.

Mr Adair told the court there was no proper consultation prior to the introduction of the ban and it amounted to a form of discrimination against patients who are prohibited from leaving hospital grounds.

The judicial review application was dismissed because the Trust agreed to review the blanket ban on smoking that it had implemented in its acute mental health inpatient wards.

Mental health inpatients will be exempt from the ban while the six-month review is conducted.

Mr Adair said that the case was not about smoker’s rights, but rather “the conditions and restrictions which can lawfully be placed on the most vulnerable in our society if their health means they have to be detained in a mental health ward”.