Covid guidelines on outdoor play 'may be unlawful', children's legal charity tells PM

The Children’s Rights Alliance for England (part of Just for Kids Law) has joined Playing Out and Play England in calling on the Government to change Covid lockdown ‘guidance to allow children to play outside with their friends.

In a new letter to PM Boris Johnson, the group argues, that the rules in England unfairly, and ‘possibly unlawfully’ discriminate against primary school-aged children, because whereas adults and older children can meet with one other, to exercise together, the government has specified that they are only allowed to be outside with members of their own household.

The letter points to the mounting evidence of the ‘devastating mental and physical toll that lockdown has taken on (children), through social isolation and inactivity. It calls on the government to ‘exempt under-12s from current and future regulations around meeting outdoors with immediate effect.’ and to ‘amend the guidance to make it clear that play is a valid form of exercise, and that families with children are encouraged to leave their houses to play lawfully’. The letter, which is addressed to the PM, also asks for him to ‘ensure children’s right to play and socialise will be considered in any future lockdowns or restrictions’.

The illegality of children playing outside with their friends was confirmed by Cabinet Office Minister Nadine Dorries in a written answer to a Parliamentary Question on 8 March, when she said, ‘it is against the law for anyone, including children under 12 years old, to meet socially with friends outside unless they are part of the same household or support bubble’.

In a joint press release, Louise King, director of the Children’s Rights Alliance for England, said: “The current guidance in England has failed to take into account the impact on children, including their right to play. It again demonstrates the need to embed children’s rights in government decision making through a statutory child rights impact assessment“.

Alice Ferguson, co-director of Playing Out, said: “We are deeply concerned that it is children who have suffered the most over the past year and that their need to get outside and play with other children has not been fully considered in decision-making. We urge the Government to act now to allow children to see their friends and to protect their right to play, both in Covid-recovery and any future lockdowns”

The full press release from the group, with extracts from the letter to the PM, can be read here