Regulation 6 of the The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
states no person may leave the place where they live without a reasonable excuse. This does not
apply to homeless people (Reg. 6(4)). CPS have produced a really useful practical guide as to what
might and what might not constitute a ‘reasonable excuse’. They have kindly allowed us to reproduce
this to help officers, however each case still needs to be considered based on the individual facts as
they present themselves.
Some public statements made soon after the adoption of the Regulations suggested that members of
the public could only leave their homes if ‘essential’ to do so. However, this is not the test set out in the Regulations and there is no legal basis for a requirement in those terms to be imposed. The applicable threshold is that of ‘reasonable excuse’.
This list is not exhaustive and officers are required to use their discretion and judgement in deciding
what is and what isn’t ‘reasonable’ in the circumstances.
Necessities
Likely to be reasonable
Buying several days’ worth of
food, including luxury items
and alcohol.
Buying a small amount of a
staple item or necessity (eg,
a newspaper, pet food, a loaf
of bread or pint of milk).
Collecting surplus basic food
items from a friend.
Buying tools and supplies
to repair a fence panel
damaged in recent bad
weather.
Comment
There is no need for all a
person’s shopping to be
basic food supplies; the
purchase of snacks and
luxuries is still permitted.
In general terms, a person
has a reasonable excuse to
visit the shops which remain
open to customers under the
Regulations.
If a person is already out
of the address with good
reason, then it would not be
proportionate to prevent the
person from buying nonessential items.
Food could include hot food
from takeaways.
‘Obtain’ includes purchasing,
but could include collecting
or sharing items, provided
this is genuine.
Not likely to be
reasonable
Buying paint and brushes,
simply to redecorate a
kitchen.
Comment
The regulations specify
maintenance and upkeep. This
does not extend to renovation
and improvements.
Exercise
Likely to be reasonable
Including: going for a run
or cycle or practicing yoga.
Walking in the countryside
or in cities. Attending an
allotment.
Driving to countryside and
walking (where far more
time is spent walking than
driving).
Stopping to rest or to eat
lunch while on a long walk.
Exercising more than once
per day - the only relevant
consideration is whether
repeated exercise on the
same day can be considered
a ‘reasonable excuse’ for
leaving home.
Not likely to be reasonable
Driving for a prolonged
period with only brief
exercise.
A short walk to a park
bench, when the person
remains seated for a
much longer period.
Comment
Exercise can come in many
forms, including walks.
Exercise must involve
some movement, but it is
acceptable for a person to
stop for a break in exercise.
However, a very short period
of ‘exercise’ to excuse a long
period of inactivity may
mean that the person is not
engaged in ‘exercise’ but in
fact something else.
It is lawful to drive for
exercise.
Work
A key worker or other
essential worker travelling
to work where it is not
reasonably possible to work
from home.
A non-key worker or
non-essential key worker
travelling to work where it is
not reasonably possible to
work from home.
A person delivering food
packages to vulnerable
people.
Not likely to be reasonable
A person who can work
from home choosing to
work in a local park.
A person knocking on
doors offering to do cashin-hand work.
There is no requirement to
be a key worker or essential
worker in order to travel to
work. Anyone can travel to
work if it is not reasonably
possible to work from home.
A request from an employer
to attend the work place
should be sufficient.
But there is no requirement for the
person to have any written
proof of a need to go to work
or volunteering.
Police should not ask for ID documents or
any other kind of document.
There is no requirement
for volunteers to work for
a registered organisation
or charity.
There is no
requirement for the
volunteering
Other Reasons
Likely to be reasonable
Taking an animal for
treatment.
Comment
Vet’s surgeries remain open
and so taking an animal for
emergency treatment would
qualify as a good reason
(as the owner has a duty to
preserve welfare). But visiting
a vet’s surgery where a call
would suffice would not be
reasonable.
Moving to a friend’s address
for several days to allow
a ‘cooling-off’ following
arguments at home.
Comment
The Regulations allow
people to move house. This
means that individuals can
move between households.
But this should be a genuine
move (ie,measured in days,
not hours).
Providing support to
vulnerable people.
Comment
Social visits are not generally
a good reason to leave home.
However, there may be
exceptional circumstances
for a person to visit another
(eg, a hospital authorising a
particular person to visit).
Not likely to be reasonable
Visiting a vet’s surgery
in person to renew a
prescription (where this
could be done over the
phone).
Comment
Vet’s surgeries remain open
and so taking an animal for
emergency treatment would
qualify as a good reason
(as the owner has a duty to
preserve welfare). But visiting
a vet’s surgery where a call
would suffice would not be
reasonable.
Visiting a friend in their
address or meeting in
public to socialise.
Comment
Social visits are not generally
a good reason to leave home.
However, there may be
exceptional circumstances
for a person to visit another
(eg, a hospital authorising a
particular person to visit).
