Dominic Cummings: Lawbreaker Or Law Abiding Citizen?

On March 27, 2020, Dominic Cummings, the UK Prime Minister's chief adviser, travelled from his London home to his parents' residence in Durham, 260 miles away. At the time, the government had imposed a nationwide lockdown to slow the spread of COVID-19, with the Prime Minister Boris Johnson instructing the British public to stay home. Cummings' trip sparked controversy and raised questions about whether he had broken the law. The relevant legislation, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, prohibited people from leaving their homes without a reasonable excuse. While Cummings claimed he acted reasonably and legally, legal experts and the police examined the specifics of his trip to determine if he had indeed broken the law.

Did Dominic Cummings break the law by driving to Barnard Castle?

On 12 April 2020, Dominic Cummings, the UK Prime Minister's chief adviser, drove with his wife and son to Barnard Castle, about 25 miles from his parents' home in Durham. Cummings claimed that the purpose of this trip was to test his eyesight, as he had been experiencing vision problems. He also stated that he wanted to ensure he could make the long drive back to London.

At the time of Cummings' trip to Barnard Castle, the government's lockdown rules stated that people should only leave their homes for essential shopping, medical needs, one form of exercise per day, or travelling to and from work. The rules advised people to stay local and not travel unnecessarily when exercising.

The National Police Chiefs' Council (NPCC) guidance, based on advice from the Crown Prosecution Service (CPS), allowed driving to the countryside for exercise, but only if "far more time is spent walking than driving". It specified that driving "for a prolonged period with only brief exercise" was not likely to be considered a reasonable excuse.

According to Cummings' statement, the trip to Barnard Castle involved two journeys of approximately 30 minutes each, with a brief stop by some woods for his son to use the toilet. Upon reaching Barnard Castle, they walked ten to 15 metres to the river bank nearby and sat there for about 15 minutes.

Durham Police concluded that the trip to Barnard Castle "might have been a minor breach" of lockdown regulations and "would have warranted police intervention". However, they stated that they would not take any further action and would not be taking retrospective measures as it would amount to treating Cummings differently from other members of the public.

While there was no explicit mention of whether Cummings' trip broke the law, the focus of the discussion centred around the interpretation of a "reasonable excuse" for leaving home, as outlined in the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. This regulation, introduced on 26 March 2020, stated that during the emergency period, no person may leave the place where they are living without reasonable excuse. It provided a non-exhaustive list of reasonable excuses, which did not explicitly include the circumstances of Cummings' trip.

Ultimately, determining whether Cummings broke the law by driving to Barnard Castle would depend on the interpretation of a "reasonable excuse" under the applicable regulations.

Did he have a reasonable excuse for leaving home?

On 23 March 2020, the prime minister announced a nationwide lockdown, instructing the British public to "stay at home". On 26 March, regulations were introduced in England that made it an offence to leave home without a "reasonable excuse".

Dominic Cummings, the prime minister's chief adviser, travelled from his home in London to his parents' residence in Durham on 27 March 2020. He was seen leaving Downing Street on that day and was in Durham by 31 March. Cummings stated that he made the journey because he and his wife were experiencing COVID-19 symptoms and were concerned about who would care for their four-year-old child if they became too ill.

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, which came into force on 26 March, provides a non-exhaustive list of reasonable excuses for leaving home. These include obtaining basic necessities, exercising, providing care or assistance to a vulnerable person, travelling for work, and avoiding injury or illness.

Cummings' explanation for his journey does not fall under any of the listed reasonable excuses, but this does not necessarily mean he broke the law. The list is non-exhaustive, so it is possible for someone to have a reasonable excuse that is not listed.

The question of whether Cummings had a reasonable excuse hinges on the interpretation of "reasonable excuse". It is not clear if his concern for his child's care met this threshold, especially since he did not explore alternatives such as seeking help from friends or family in London. Additionally, the government guidance at the time advised people to "stay at home" and stated that essential travel did not include visits to second homes for isolation purposes.

Durham Police stated that they did not consider Cummings' journey to Durham as an offence, but they did conclude that his subsequent trip to Barnard Castle "might have been a minor breach of the regulations". However, they chose not to take any further action, maintaining that they would not take retrospective action against Cummings as they would not do so for any other member of the public.

Did he break the law by driving 260 miles to Durham?

On 27 March 2020, Dominic Cummings, the UK Prime Minister's chief political adviser, travelled 260 miles from his London home to his parents' home in Durham. At the time, neither Cummings nor his wife displayed symptoms associated with coronavirus, although his wife was unwell. The following day, Cummings developed coronavirus symptoms and self-isolated.

Cummings gave two reasons for his journey. Firstly, he and his wife were concerned that they would not be able to provide effective care for their four-year-old child if they became incapacitated. Secondly, Cummings stated that his London home had become a target for harassment.

The relevant law, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, states that "during the emergency period, no person may leave the place where they are living without reasonable excuse". The regulations provide a list of 12 non-exhaustive examples of what might constitute a "reasonable excuse". These include shopping for necessities, exercising, and travelling to and from work.

It is unclear whether Cummings' reasons for travelling to Durham constitute a "reasonable excuse" under the regulations. While the government guidance did acknowledge that not all self-isolation measures would be possible for those living with children, it did not specifically refer to the instruction to "stay at home". The guidance also advised those self-isolating to ask family, friends and neighbours for help or use online services rather than travelling to them.

Durham Police investigated Cummings' relocation to Durham and concluded that he had not broken the law. However, some legal experts, such as criminal barrister Syam Soni, argue that there is at least a prima facie case that Cummings violated the regulations. Ultimately, it would be up to a court to decide whether Cummings had a "reasonable excuse" for his journey.

Did he break the law by going to work and hospital?

On 23 March 2020, the UK prime minister announced a nationwide lockdown to slow the spread of coronavirus. People were warned not to meet friends or family members they did not live with, and those with symptoms had already been told to self-isolate.

On 27 March, Dominic Cummings, the prime minister's chief adviser, was seen leaving Downing Street and travelling to his parents' home in Durham. At the time, neither Cummings nor his wife were displaying symptoms associated with coronavirus, although his wife had other symptoms.

On 28 March, Cummings developed coronavirus symptoms. On 2 April, his four-year-old son fell ill and was taken to hospital by ambulance, accompanied by Cummings' wife. Cummings himself "could barely stand up".

On 12 April, Cummings and his family drove to Barnard Castle, about 25 miles from his parents' home in Durham, to test his eyesight, as he had been experiencing problems with his vision.

On 13 April, Cummings and his family returned to London.

On 19 April, Cummings was reportedly seen in Durham again by an unnamed witness. Cummings denied returning to Durham and said evidence on his phone proved this.

The question remains as to whether Cummings broke the law by going to work and hospital.

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 made it an offence to leave home without a "reasonable excuse" and to gather in groups of more than two. These regulations came into force on 26 March 2020, the day before Cummings travelled to Durham.

The regulations included a non-exhaustive list of reasonable excuses, such as shopping for necessities, doing exercise, and travelling to and from work. However, it is unclear if these applied to Cummings.

Cummings defended his actions, stating that he believed he had behaved reasonably and legally and that the rules allowed for "exceptional circumstances" when dealing with small children.

Durham Police concluded that Cummings did not break the law by travelling to Durham, but stated that the trip to Barnard Castle "might have been a minor breach of the regulations that would have warranted police intervention". However, they chose not to take any further action.

While Cummings did not appear to break the law by going to work and hospital, his actions sparked widespread debate and criticism, with many arguing that he had breached the spirit of the lockdown rules and government guidance.

Did he break the law by returning to London?

On 23 March 2020, the UK prime minister announced a nationwide lockdown, instructing the British public to "stay at home". On 26 March, regulations were introduced in England that made it an offence to leave home without a "reasonable excuse".

Dominic Cummings, the prime minister's chief adviser, travelled from his home in London to his parents' residence in Durham on 27 March 2020. He returned to London on 13 April 2020.

The question of whether Cummings broke the law by returning to London hinges on the definition of "reasonable excuse". The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, which impose restrictions on movement, provide a non-exhaustive list of 12 examples of reasonable excuses. These include obtaining basic necessities, exercising, providing care or assistance to a vulnerable person, travelling for work, and avoiding injury or illness.

Cummings has offered two explanations for his journey to Durham. Firstly, he stated that he and his wife were experiencing symptoms associated with coronavirus and were concerned about their ability to care for their four-year-old child. Secondly, he claimed that his London home had become a target for harassment.

It is unclear whether these explanations constitute a "reasonable excuse" under the regulations. While the need for childcare and avoiding illness may be considered valid reasons, there are questions about whether Cummings adequately explored alternatives, such as seeking assistance from friends or family in London, before embarking on a 260-mile journey.

Durham Police have stated that they do not consider Cummings' presence at his father's premises as an offence, and that they would not be taking any further action. However, they noted that his trip to Barnard Castle on 12 April might have been a minor breach of the regulations, as it did not appear to be essential travel or exercise.

In conclusion, while Cummings' return to London may have been motivated by reasonable concerns, it is uncertain if it met the legal definition of a "reasonable excuse" under the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. The interpretation of this definition is subjective and would ultimately be decided by a court if contested.

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