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Letter from Mr Justice Hayden: COVID-19 restrictions and the Court of Protection

The Honourable Mr Justice Hayden, Vice President of the Court of Protection, has written about the new tiered restrictions for England, announced in the House of Commons on 12 October 2020 (effective as of 14 October 2020).

The letter notes that the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020 Schedule 1, Tier 3 restrictions Part 1, section 5 permits contact with relatives 'staying' in Care Homes, under the same arrangements presently assessed as Covid-19 compliant. He says that it will undoubtedly be the case that the actual arrangements will have to be tailored to the particular individual and the circumstances within the home, during the course of what we have now recognised to be the second wave of the pandemic. What is important to emphasise is that these arrangements have been identified within the Regulations made by the Secretary of State and are therefore lawful.

For the letter, click here. For the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020, click here.

18/10/20