Since posting this I have received many messages from people in similar positions - stuck in hotel quarantine after clear medical evidence given to the 'exemptions team' that they cannot safely be there. Can I encourage journalists/parliamentary committees to look at this issue?
I am concerned the 'exemptions team' are refusing many requests which they should not, in law, refuse - where there is compelling medical evidence that a person cannot safely be held in hotel quarantine because that would exacerbate a condition, they should never be refusing.
I have seen multiple instances of a copied and pasted refusal email
"the bar for exemption is incredibly high and we have to remain robust and consistent in our approach"
This sets too high a hurdle - and no point being consistent if you are being consistently unlawful!
Those emails also include a line to the effect that the team is "confident" that the individual can be safely kept in hotel quarantine (detention) but with no specificity at all about how that can happen or why clear medical evidence has been rejected.
The @DHSCgovuk will be on the end of a load of false imprisonment claims if they do not change their approach (indeed, probably already are)
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The Prime Minister has confirmed that "Step 3" restrictions will come into force, as expected, from Monday 17 May. Short summary in the thread below (which also explains the context).
What you won't find in the regulations is the "you can now hug" rule - that's because the recommendation against hugging has been part of social distancing guidance, not law.
But we are now all so hopelessly confused about the difference that I forgive you
What is really important is that I can from Monday update my thread on the indoor 'sex ban' - a real ban, illegal - for people who don't live together and aren't in a linked household, in place in some parts of the UK for well over a year!
I deal with contempt of court cases fairly regularly (as it happens in the environmental protest context) and there are strong appeal rights from the High Court - you don't need permission and legal aid generally available. Supreme Court (v unusual procedure) has no clear...
... right of appeal. I am being a bit lazy by not looking up whether in certain circumstance lack of appeal right might be a breach of Article 6 ECHR (right to fair trial), I do recall reading somewhere there is no right of appeal in Art 6, but contempt interesting jurisdiction
Now Turkey has been added to the “red list“ anyone who travels there has to hotel quarantine for 10 days upon return.
But in any case it would currently be illegal for fans to travel there for a football match as that wouldn’t be a ‘reasonable excuse’ bbc.co.uk/sport/football…
You have to have a ‘reasonable excuse’ to travel outside of the UK at present. That will change, I assume, for ‘green list’ counties and maybe ‘amber’ but won’t I imagine for red list legislation.gov.uk/uksi/2021/364/…
It is currently a reasonable excuse for elite sportspersons and coaches to travel abroad
I am happy to advise though you might also want to speak to someone with a better record than 23 unsuccessful pupillage applications and one successful.
Also, unless you are on of those unusual people who gets loads of offers the margin between success and failure is incredibly narrow. I’m not even sure I was the chambers I was successful at’s first choice.
Also, the chambers I am now at (Doughty Street) rejected me twice for pupillage without an interview 😊
I mentioned I was in court last Sat and Sun (and Mon) - this is what for.
I think this is the first successful legal challenge to placement in hotel quarantine involving a severely disabled child whose doctor said they couldn't safely be held at the hotel.
This is the fifth case so far I have been involved in relating to hotel quarantine and it is the most troubling so far.
It also identifies a number of issues which I think are features of the system rather than specific to this case
/2
The full facts are in the press release (child's identity anonymised).
Essentially:
The child has severe needs and their treating psychologist provided a report to the Department of Health explaining why their particular severe needs could not be met in hotel quarantine /3