A lot of parents are asking me whether if a school tells your child to self isolate there is a legal duty for them to do so (meaning that you could be given a fixed penalty notice or charged with an offence if you do not comply)
I am actually going to change what I said in the original thread - an be a bit less equivocal. I think that it is entirely possible that the legal duty to self isolate and would be triggered as school could be engaged by a local authority in communicable disease control.
As with all things Covid regulations, the answer is not particularly clear!
It's actually very bad that it isn't clear whether the parents of hundreds of thousands of children having to self-isolate are subject to a legal duty (ie can be given a fixed penalty notice or charged) or not
I read the schools guidance (gov.uk/government/pub…). I am not convinced the govt think schools telling children to self-isolate triggers a legal duty.
"Anyone told to isolate by NHS Test & Trace or by their public health protection team has a legal obligation to self-isolate"
It's pretty obvious from the guidance that "NHS Test and Trace or ... their public health protection team" relates to the "relevant person" test under the self-isolation regulations
A school could, in theory, be "a person employed or engaged by a local authority in communicable disease control" but that sounds quite narrow ("a person") and I doubt parliament intended for it to capture every school in the country - could have easily said that if so.
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One thing that I have been saying for a long time is that the problem of making laws by ministerial decree is that it makes them far more open to corruption. I don’t necessarily mean corruption in the sense of people enriching themselves (though that may have happened!)…
… I mean the banality of everyday corruption. The evidence with the Covid regulations is how many times exceptions seems to have been made for “friends of the government”. The exception for grouse shooting, for foreign travel to buy a property, the exception now to…
the self isolation rules for (quite literally) big business people. The worry I have always had is not the exceptions we know about but the ones we don’t, how many times did someone knock on the door or send a WhatsApp message and get a change to the law?
I appreciate some will see the Hancock story as a private affair - but there is an important question of whether the Health Secretary broke his own lockdown laws
As I explain 👇🏼, private indoor meetings between people not living together were unlawful for most of the past year
Lord Sumption makes a convincing argument in the new Law Quarterly Review that Dolan was wrongly decided and use of the Public Health Act to impose lockdowns was contrary to the principle of legality