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  • Jeremy535897
    Jeremy535897 Posts: 10,753 Forumite
    10,000 Posts Fifth Anniversary Photogenic Name Dropper
    Andy_L said:
    Andy_L said:
    Andy_L said:
    Andy_L said:
    You can leave your home "to avoid injury or illness or to escape a risk of harm".
    Or any "reasonable excuse" I'd be happy that "I've no heating/hot water, there's snow on the ground & I've a couple of hairy 'rsed plumbers traipsing around the house" is a reasonable excuse for not being at home and see where the copper gets with the "Engage, Explain, Educate & Enforce" 4 step approach in the unlikely event they turn up at the hotel demanding to see everyone's papers.

    The OP's problem is will Travel Lodge see it as an  "unable to return home" reason that allows them to let him have a room


    There is no blanket "reasonable excuse" exemption.
    There is for being away from your home (which is what the OP would risk being done for), but not for if a hotel can rent you a room
    Where in the law does it say this?
    https://www.legislation.gov.uk/uksi/2020/1374/contents

    PART 1Restrictions on movement

    Restrictions on leaving home

    1.—(1) No person who lives in the Tier 4 area may leave or be outside of the place where they are living without reasonable excuse.

    Then it says:

    "(2) For the purposes of sub-paragraph (1)—

    (a)the circumstances in which a person has a reasonable excuse include where one of the exceptions set out in paragraph 2 applies;"

    I know Dominic Cummings put your argument forward, in that "include" means "Include but not limited to", but I think that the court of public opinion saw that for what it was.

    That is how the law works - if it meant you can only leave for these reasons it would say so.
    Plus,ISTR that you asked where the law said that, rather than the Court of Public Opinion.

    Yes I did, but I don't think the law would have been interpreted in that way for the man in the street, or someone having a boiler fitted, which is the pertinent case here. I think (as did the public) that the Dominic Cummings argument it is for extreme cases not envisaged by the legislation, not a bit of discomfort. The exception applicable if you really can't be in the cold for health reasons is already there and I quoted it earlier.
  • Andy_L
    Andy_L Posts: 13,092 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    All the exceptions are listed in the legislation.  Anything not included in that list is excluded and not permitted.
    The CPS, Met Police, House of Common's Research Library (and loads of other legal beagle types) disagree with you
  • Jeremy535897
    Jeremy535897 Posts: 10,753 Forumite
    10,000 Posts Fifth Anniversary Photogenic Name Dropper
    Andy_L said:
    All the exceptions are listed in the legislation.  Anything not included in that list is excluded and not permitted.
    The CPS, Met Police, House of Common's Research Library (and loads of other legal beagle types) disagree with you
    You are correct, and I regret it if I did not make it clear in my earlier post. The exceptions are non-exhaustive, but if you leave home for a reason that is not in the exceptions, you have to be prepared to fight a battle on what is a reasonable excuse (which will include a defence to the question as to why it wasn't on the exception list), and Dominic Cummings' case showed how difficult that is.
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