Cummings' Actions: Lawful Or Unlawful?

In May 2020, Dominic Cummings, the then-chief adviser to UK Prime Minister Boris Johnson, was at the centre of a scandal after it emerged that he had travelled from London to County Durham with his family in March 2020, after the start of a national lockdown. The trip occurred after Cummings' wife fell ill, and Cummings himself began experiencing symptoms of COVID-19. Questions arose about whether Cummings had broken lockdown rules, with the police and the public divided on the matter.

Did Cummings break lockdown rules by travelling to Durham?

On 27 March 2020, Dominic Cummings, the then-chief adviser to UK Prime Minister Boris Johnson, travelled from London to Durham with his family. At the time, the UK was under lockdown restrictions due to the COVID-19 pandemic, and the public had been instructed to "stay at home".

The question of whether Cummings broke lockdown rules by travelling to Durham centres around the interpretation of "reasonable excuse" as outlined in the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. This legislation, introduced on 26 March, made it an offence to leave home without a "reasonable excuse" and to gather in groups larger than two.

Cummings defended his actions, stating that he and his wife were experiencing COVID-19 symptoms and that they travelled to Durham to ensure their young son could be properly cared for if they became too ill to do so themselves. He also cited the proviso that journeys to facilitate childcare counted as necessary travel.

Durham Constabulary investigated Cummings' trip and concluded that no offence had been committed in travelling from London to Durham. However, they stated that the journey to Barnard Castle might have been a "minor breach" of lockdown rules, but no further action would be taken.

The interpretation of "reasonable excuse" is key to determining whether Cummings broke lockdown rules by travelling to Durham. While Cummings argued that his actions were necessary to ensure his son's wellbeing, others have argued that he contravened the regulations and broke the lockdown rules.

Did Cummings break lockdown rules by travelling to Barnard Castle?

On 27 March 2020, the same day that UK Prime Minister Boris Johnson announced he had been diagnosed with COVID-19, Dominic Cummings, then Johnson's chief adviser, received a phone call at work from his wife, Mary Wakefield, saying that she was feeling ill and had vomited. Cummings rushed home and, though his wife's condition improved, he returned to work. That night, they discussed her situation and, though she did not have a cough or fever, Cummings believed that she had caught the virus and that he was likely to catch it too. They were both worried that they would become too weak to look after their four-year-old son.

Cummings and his family then drove to Durham that night to stay at a house on his parents' land. The house was 260 miles from his usual residence in London. Cummings said he woke up on 28 March with COVID-19-like symptoms, which got worse over the following days. On 30 March, the government confirmed that Cummings had displayed symptoms of COVID-19 and was self-isolating at home.

On 2 April, Cummings' son became ill and was taken to hospital by ambulance following medical advice. He was tested for COVID-19 and the result was negative. Cummings said he was too ill to go to the hospital, but his wife went. Cummings later said that he went to fetch his wife and son by car, but did not get out of the car as his son had recovered.

By 12 April, Cummings was well enough, he said, to return to London. That day, Cummings and his family drove to Barnard Castle, about 30 miles from his parents' home in Durham. Cummings stated that this was to test whether he was well enough to drive, as he had been having problems with his eyesight. He left the car at Barnard Castle after feeling sick.

On 13 April, Cummings and his family travelled back to London. On 14 April, Cummings was seen in Downing Street for the first time since 27 March.

On 22 May, the Daily Mirror and The Guardian published articles about their joint investigation, alleging that the police had spoken to Cummings about breaching the government's lockdown rules in relation to a trip he made to Durham. On 23 May, police confirmed that this allegation was untrue, and that they had been asked for security advice by Cummings' father, which they gave in a phone call.

On 25 May, Cummings appeared at a press conference in the rose garden of 10 Downing Street, taking questions from the media. He explained his sequence of events and argued that there was "no regulation covering the situation I found myself in". He explained that there was a proviso that journeys to facilitate childcare counted as necessary and that he believed that this trip to Durham was therefore allowed. He said that he had spoken to Boris Johnson about his decision to travel to Durham at some point leading up to 6 April. He said that due to the condition both he and Johnson were in, "neither of us remember the conversation in any detail".

On 28 May, Durham Constabulary said that they did not consider an offence to have been committed by Cummings in travelling from London to Durham. They also said that a minor breach relating to lockdown rules might have occurred at Barnard Castle, but because there was no apparent breach of the social distancing rules, no action would be taken at that point. They stated that:

> "Had a Durham Constabulary police officer stopped Mr Cummings driving to or from Barnard Castle, the officer would have spoken to him, and, having established the facts, likely advised Mr Cummings to return to the address in Durham, providing advice on the dangers of travelling during the pandemic crisis. Had this advice been accepted by Mr Cummings, no enforcement action would have been taken."

They also said there was insufficient evidence of a return to the Durham area on 19 April.

Did Cummings break lockdown rules by returning to work?

On 27 March 2020, UK Prime Minister Boris Johnson's senior adviser, Dominic Cummings, left 10 Downing Street in a rush after receiving a call from his wife, Mary Wakefield, who was feeling ill and had vomited. Cummings returned to work later that day as his wife's condition improved. However, the couple discussed her situation in the evening and believed she had caught COVID-19, and that Cummings would likely contract it too. They decided to drive to Durham that night to stay with his family, as they were worried about their ability to care for their four-year-old son if they became too weak.

On 28 March, Cummings woke up with COVID-19 symptoms, including a bad headache and a serious fever. On 30 March, the government confirmed that Cummings had displayed COVID-19 symptoms and was self-isolating at home. However, the report did not mention the trip to Durham. On 2 April, Cummings' son fell ill and was taken to hospital by ambulance. He was tested for COVID-19 and the result was negative. Cummings stated that he was too unwell to go to the hospital, but his wife went. The next day, Cummings drove to the hospital to pick up his wife and son, stating that he did not get out of the car or have any contact with strangers.

By 12 April, Cummings was well enough to return to London. However, before making the long drive, he decided to go for a shorter drive to test whether he was well enough to make the journey. He drove to Barnard Castle, about 25 miles from his parents' home in Durham, with his wife and child. He explained this trip as a way to test his driving ability, as he had been experiencing problems with his vision.

Durham Police investigated Cummings' trip to Barnard Castle and concluded that there "might have been a minor breach" of lockdown rules, but that no further action would be taken. They stated that if an officer had stopped Cummings, they would have advised him to return to Durham and that no enforcement action would have been taken if he had accepted this advice.

The question of whether Cummings broke lockdown rules by returning to work on 27 March is a matter of interpretation. While he may have had a "reasonable excuse" due to concerns about his wife's health and childcare for their son, he did not follow the Public Health England (PHE) guidance that stated all household members should stay at home and not leave the house for 14 days if one person had COVID-19 symptoms. Ultimately, it is up to the courts to decide whether Cummings broke the law, but his actions certainly sparked controversy and criticism from the public and politicians alike.

Did Cummings break lockdown rules by driving to the hospital?

On 27 March 2020, UK Prime Minister Boris Johnson's senior adviser, Dominic Cummings, left 10 Downing Street and drove 260 miles to Durham with his family. At the time, the UK was in a national lockdown, and the public had been instructed to "stay at home".

Cummings stated that he made the journey because his wife was unwell, and he believed that he was likely to get COVID-19, leaving no one to care for their four-year-old child. He also said that his sister and her daughters, who lived nearby, had offered to help with childcare.

On 2 April, Cummings' son fell ill and was taken to hospital by ambulance. The next day, Cummings drove to the hospital to pick up his son and wife, as he said there were no taxis available.

The question of whether Cummings broke lockdown rules by driving to the hospital depends on the interpretation of "reasonable excuse" in the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. These regulations, introduced on 26 March, made it an offence to leave home without a "reasonable excuse". While the regulations do not define the term, they provide a non-exhaustive list of reasonable excuses, including shopping for necessities, exercising, and travelling to and from work.

Cummings defended his actions, stating that he behaved reasonably and legally, balancing the safety of my family and the extreme situation in Number 10. He also argued that there was a proviso that journeys to facilitate childcare counted as necessary and that he believed his trip to Durham was allowed under this proviso.

Durham Police concluded that Cummings' trip to Barnard Castle might have been a minor breach of the regulations but did not warrant further action. They stated that if an officer had stopped Cummings, they would have advised him to return to Durham and that no enforcement action would have been taken if he had accepted this advice.

Did Cummings break lockdown rules by editing his blog?

On 23 March 2020, UK Prime Minister Boris Johnson announced immediate wide-ranging restrictions on freedom of movement in the UK in response to the global COVID-19 pandemic. People were told they "must stay at home" and not meet friends or family members they did not live with. Those with symptoms had already been told to self-isolate.

On 27 March, Dominic Cummings, Johnson's chief adviser, was seen leaving 10 Downing Street after receiving a call from his wife, who was looking after their four-year-old child and feeling unwell. Cummings returned home but went back to work a couple of hours later when his wife's condition improved. That evening, Cummings and his wife discussed her situation and, although she did not have a cough or fever, he believed that she had caught the virus and that he was likely to catch it too. They were both worried that they would become too weak to look after their child, so they drove to Durham that night to stay with Cummings' family.

On 12 April, Cummings and his family drove to Barnard Castle, about 25 miles from his parents' home in Durham. Cummings stated that this was to test his eyesight and whether he was well enough to make the long drive back to London.

On 14 April, Cummings was seen in Downing Street for the first time since 27 March. It later transpired that an old blog of his was edited on the evening of 14 April to add a short section on coronavirus.

Regarding the trip to Barnard Castle, Durham Police said that Cummings did not break the law, but that the journey might have been a minor breach of the regulations that would have warranted police intervention. They added that any offence was minor because there did not appear to be any breach of social distancing rules. They said that if an officer had stopped Cummings, they would have advised him to return to Durham, but no enforcement action would have been taken.

Cummings denied any wrongdoing and insisted he did not break the law, saying:

> I believe that in all the circumstances I behaved reasonably and legally, balancing the safety of my family and the extreme situation in Number 10... I don't regret what I did... the rules make clear that if you are dealing with small children that can be exceptional circumstances and the situation I was in was exceptional circumstances.

Prominent politicians in the government, including Johnson, rejected calls for Cummings to be sacked or to resign, and expressed their support for him. However, the scandal led to criticism from Members of Parliament (MPs) within and outside the ruling Conservative Party, backlash in the media and from the public, and a sharp fall in support for the Conservatives.

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