Francis, Regina (on The Application of) v The Secretary of State for Health and Social Care: Admn 1 Dec 2020

Self-Isolation Regulations within SS powers

The claimant challenged the regulations requiring self-isolation following a positive test for Coronavirus.
Held: The request for judicial review was rejected. The term ‘self-isolation’ was not used in its general sense, but with the particular meanings set out in the Regulations, and the law which might apply to a general usage did not apply here. Similarly, the term ‘detention’ would normally import a specific element of imprisonment, which again could not be said to be imported into the term as used in the Regulations. The restrictions imposed had several relaxations which operated to reduce the severity of the effect of compliance.
The 1984 Act was passed to comply with world wide WHO Regulations, and granted the powers necessary to fulfil the obligations imposed, including for example a power to remove an infected person to a suitable hospital..

Lord Justice Hickinbottom, Mr Justice Whipple
[2020] EWHC 3287 (Admin), [2020] WLR(D) 662
Bailii, WLRD
Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, Public Health (Control of Disease) Act 1984, European Convention on Human Rights
England and Wales

Administrative, Health, Human Rights

Updated: 10 November 2021; Ref: scu.656790