The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 (SI 2020/1045) were introduced by way of a Statutory Instrument made by the Secretary of State for Health and Social Care, Matt Hancock, using emergency powers available to him under the Public Health (Control of Disease) Act 1984. The regulations themselves state the legal basis for using such powers, namely "the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England"; he also certified that the restrictions "are proportionate to what they seek to achieve, which is a public health response to that threat."[1]

The regulations were laid before parliament at 00.00 on 28 September, just as the regulations were coming into force.[1] The Secretary of State used section 45R of the Public Health (Control of Disease) Act 1984 to enact the regulations immediately subject to retrospective approval by resolution of each House of Parliament within twenty-eight days.[2] In the regulations themselves he stated that "by reason of urgency, it is necessary to make this instrument" without having first placed a draft before parliament for prior discussion and approval.[1]

The regulations (which apply in England only)[3] came into effect at 00.00 am on 28 September 2020.[4]

Anyone who receives official notification that they have tested positive for SARS-CoV-2, or that they have come into close contact with someone who has tested positive, must self-isolate for the period described below.[5] The official notification must come from a health official, the local authority, or someone acting on behalf of the secretary of state;[6] notification via the NHS COVID-19 smartphone app does not count.[7]

In this context, 'close contact' means having face-to-face contact with someone at a distance of less than 1 metre, spending more than 15 minutes within 2 metres, travelling in a car or other small vehicle, or being in close proximity on an aeroplane.[8]

The person being notified must on request inform the official of the address at which they intend to self-isolate[9] and if applicable must disclose the names of everyone who lives in their household.[10]

The self-isolating person must remain at home, at the home of a friend or family member, in B&B accommodation, or at some other suitable place.[11] They may not leave that location unless that is necessary:[12]

1. to seek medical assistance urgently, or on the advice of a medical practitioner (this includes mental health services and services from dentists, opticians, audiologists, chiropodists, chiropractors, osteopaths and other medical or health practitioners)
2. to access veterinary services urgently, or on the advice of a vet
3. to fulfil a legal obligation
4. to avoid a risk of harm
5. to attend a close family member's funeral
6. to obtain basic necessities, such as food and medical supplies for those in the same household, where it is not possible to do so in any other manner
7. to access critical public services, or
8. to move to a new place of self-isolation where it becomes impracticable to remain at the current place.

The list of reasons is exhaustive;[12] unlike some other regulations there is no catch-all “reasonable excuse” provision.

The self-isolation period starts at the moment that an official notification is received by the person who is required to self-isolate.[13] If that person is a child, the period starts when the notification is received by a guardian or other adult currently in charge.[14]

People who have tested positive must isolate for five days after the test, or 10 days after their symptoms started, whichever is the later.[15] If the symptom start date is not known, or is not reported, they must isolate for 10 days from the date of the test.[16]

People who are notified that another member of their household has tested positive must isolate for nine days after that person's symptoms began.[17] If the symptom start date is not known, or is not reported, they must isolate for 14 days from the date of that person's test[18] (reduced to 10 days from 13 December 2020).[19]

People who are notified that they have been recorded as a close contact of someone outside their household who has tested positive must isolate for 14 days[20] (reduced to 10 days from 13 December 2020).[19] The period starts with the last close contact they had before the notification, as specified by the official. The regulations do not make provision for the person being notified to challenge that date: they have to isolate for the required period from whatever date the official has recorded.[21]

Where a worker or agency worker has to isolate, their employer must not allow them to attend any workplace other than the place where they are isolating.[22]

A worker who knows that they must self-isolate, but who would normally be due to attend a workplace during the isolation period, must before the due date notify their employer of the dates of their self-isolation.[23]

A similar rule applies to agency workers.[23] Where applicable, the worker's employer, agent and principal must be informed, and each of these must inform the others.[24]

The regulations authorise enforcement of the self-isolation requirement by police constables and police community support officers, as well as officials nominated by the secretary of state or the local authority.[25] All of these have the power to direct a person to return to their place of self-isolation,[26] and may remove them to that place using force if necessary.[27]

Failing to comply with the requirements is a criminal offence.[28] Offenders may be prosecuted,[29] or made subject to a range of fixed penalty charges.[30]

Information officially collected under these regulations may be disclosed to certain third parties to prevent danger to public health by the spread of coronavirus, or to carry out a function under the regulations, even where the disclosure would normally be a breach of confidence. But no disclosure is permitted that would contravene data protection legislation.[36]

From 29 January 2021, the rules were amended to allow Test & Trace data to be shared with the police to enforce isolation, or to pursue fixed penalty notices or prosecutions.[37]

Where a person has been instructed to self-isolate and provides an official with information about their household members, addresses, and dates, that information cannot normally be used against the person in unrelated criminal proceedings, subject to some exceptions.[38]

The Secretary of State must review the regulations after six months (i.e. by 28 March 2021).[39] If not previously revoked, the regulations automatically expire on 28 September 2021.[40]