Mental health

Smokefree status of mental health units

The Department of Health has written to Mental Health Trusts and Strategic Health Authorities to advise them of the Government's plans for how smokefree legislation will affect mental health units.

The Smokefree (Exemptions and Vehicles) Regulations have been laid before Parliament and follows a consultation on smokefree consultation which was held in July 2006, on controversial proposals for residential mental health settings.

The Regulations provide a time-limited exemption from smokefree legislation for a 12-month period only. Between 1 July 2007 and 30 June 2008, mental health units that provide residential accommodation will be able to have "designated rooms" where smoking is permitted. These rooms could be either bedrooms or rooms used for smoking, provided they meet specific conditions:

Designated in writing by the person in charge of the mental health unit.
Have a ceiling and, except for doors and windows, be completely enclosed on all sides.
Not have a ventilation system that ventilates into any other part of the premises (except another designated smoking room).
Be clearly marked as a room where smoking is permitted.
Not have any door that opens on to smoke-free premises that is not mechanically closed immediately after use.

From 1 July 2008 the time-limited exemption will end and from that point onwards smoking will be against the law in any enclosed or substantially enclosed part of any mental health establishment.

It will be against the law for anyone to smoke in enclosed parts of mental health establishment that do not provide residential accommodation, ie day units, from 1 July 2007.