Child rapist wins Carstairs legal battle to end 'chocolate ban'

A CONVICTED child rapist has won a court ruling against anti-obesity measures in the State Hospital at Carstairs.

Clifford Lyons, 38, said his personal fitness programme had been compromised by a regime dubbed "the chocolate ban", which aimed to improve the health of overweight patients in the high-security psychiatric hospital.

A judge heard patients were banned from buying food outside or having it taken in to them, meaning Lyons, a keep-fit enthusiast, was prevented from obtaining protein bars and other supplements by mail order.

Lady Dorrian ruled at the Court of Session in Edinburgh there had been insufficient consultation with patients over the measures, and that the decision to introduce them should be set aside. If the hospital wants to stick by the policy, it will now have to go through the proper procedures.

Lyons was admitted to the State Hospital in 1990 after he admitted raping a ten-year-old girl in a field near his home in Drumchapel, Glasgow. He had grabbed the girl as she took a short-cut on her way to visit her grandmother. At the time, Lyons was on bail for molesting a 12-year-old boy a month earlier.

In yesterday's case, Lady Dorrian was told that, two or three years ago, it was found 83 per cent of patients were overweight or obese and work had started on ways to tackle the problem.

New measures were recommended, including restrictions on the sale in the hospital shop of snacks such as chocolate, crisps and carbonated soft drinks and a total prohibition on patients buying externally any type of food or receiving food parcels from visitors. The regime has become known among patients as "the chocolate ban".

Lyons was granted legal aid to seek a judicial review of the decision the hospital board took on 29 October, 2009 - it was not implemented pending the outcome of the case.

In his petition, Lyons's lawyers said he was not overweight or obese and that he followed a fitness regime which included buying protein bars, energy drinks and other supplements by mail order.

Lady Dorrian said, initially, there had been three elements: a ban on visitors bringing in food parcels; a ban on "external purchasing", and a pricing policy in the hospital shop designed to make purchases of low-fat and low-sugar foods and drinks more attractive.

However, the pricing policy was not to proceed.

Under mental health legislation, the hospital had been obliged to consult patients about the changes, but Lady Dorrian held that proper consultation had not occurred.

A meeting of the Patient Partnership Group had been held, but the recommendation put to the meeting was that visitors should not be allowed to bring in food because of infection control and storage space.

"It is not clear exactly what information was given at the meeting about external purchasing, but it does appear that the issues discussed related to limits on spending rather than an outright ban. Twelve patients attended this meeting," Lady Dorrian said.

She said it was "highly questionable" whether such feedback as had been obtained was properly put before the hospital board.

She added: "In my view, (the hospital board] has failed to consult as required under the legislation and, on that basis, the decision of 29 October, 2009, falls to be reduced."It had also been argued at an earlier hearing that the measures breached Lyons's rights under the European Convention on Human Rights.

However, Lady Dorrian said that, on the information available to her, she could not give a ruling on that issue.

A spokesman for Carstairs said: "We've only just received the determination and are currently considering its contents with colleagues in the NHS legal office."

Weighty issue

THE State Hospital at Carstairs in Lanarkshire introduced the so-called "chocolate ban" after uncovering an obesity epidemic affecting 83 per cent of the 140 or so patients.

It placed restrictions on the types of food that could be ordered in or bought from the hospital shop.

After the ruling, it is considering what lawful options remain available to it to try to improve patients' health. A spokesman said it would make an announcement today on what it planned to do next.