Thread by @SteveBroach

This is the new regulation which prohibits people from leaving their homes ‘without reasonable excuse’. What does it mean for disabled people, people with mental health problems and carers? (Thread - 1)
legislation.gov.uk/uksi/2020/350/…

Context - for lots of disabled people and people with mental health problems, being able to get outside numerous times a day is vital for their health and well-being. Eg for a young man with autism only being allowed out once may have serious negative behavioural consequences (2)

However - the Prime Minister’s speech and government guidance refer to *one* exercise session per day. How do the regulations deal with this? (3)

Regulation 6(2) provides a list of ‘reasonable excuses’, all starting with ‘the need’ - so for a thing to be a ‘reasonable excuse’ to be outside it must be ‘necessary’. NB the list isn’t exhaustive - reg 6(2) says a reasonable excuse ‘includes’ these things (4)

The key reason in reg 6(2) is (b) ‘to take exercise either alone or with other members of their household’. Importantly the regulation does *not* say this can only be once a day. So it seems there *can* be a reasonable excuse for being outside to exercise more than once a day (5)

As such it seems to me disabled people, people with mental health problems and carers *can* go outside more than once a day for exercise, if this is (a) necessary and (b) reasonable. ‘Necessary’ might include the impact on health or well-being of not going outside (6)

The list in reg 6(2) also includes ‘(m) to avoid injury or illness or escape a risk of harm’. A disabled person, person with mental health problems or care could therefore argue that the need to be outside to avoid illness (inc mental illness) or escape a risk of harm (7)

However - the guidance clearly states that people should only go out to exercise once a day. This is unacceptable because it puts disabled people etc at risk of negative intervention from the police / public if they go out more than once (8)

The guidance therefore needs to be changed to reflect the law - under which there can be a reasonable excuse to go outside more than once if it is necessary to exercise or to avoid illness or escape a risk of harm (9)

Here’s the guidance which refers to going out for ‘one form of exercise a day - for example a run’ gov.uk/government/pub… and the PM’s speech in the same terms: bbc.co.uk/news/uk-520119…. Needs urgent clarification (10)

With thanks to @davidallengreen who made similar points last night in a very helpful analysis of the new regulations (though the views above are my own) (11)