Policy updated after lawyers challenge ‘discriminatory’ lockdown measures
People with learning disabilities or autism can leave the house for exercise more than once a day and can travel outside of their local area under current lockdown measures, the government has said.
The guidance, which had previously stated that non-essential workers should only leave their homes once a day for exercise or to shop for basic necessities, was amended on Wednesday.
The updated advice reads: “If you (or a person in your care) have a specific health condition that requires you to leave the home to maintain your health – including if that involves travel beyond your local area – then you can do so.
“This could, for example, include where individuals with learning disabilities or autism require specific exercise in an open space two or three times each day – ideally in line with a care plan agreed with a medical professional.”
Although those with autism and mental health conditions are advised to limit their travel, and stay as close to their local area as possible, carers and support workers who do not live in their household can accompany them.
The change comes after lawyers from Bindmans LLP and 39 Essex Chambers were asked for help by two families with children on the autistic spectrum.
Bindmans said one of the children, whose conditions mean it was necessary for them to leave the house more than once a day for their wellbeing, was deliberately taken to a quiet location outside of their local area because of their particular needs.
The firms argued that the “inflexible policy”, which also says people should stay two metres apart from anyone outside of their household, disproportionately impacted those with certain health conditions and was “therefore unlawful and discriminatory”.
After the amendment was made to the guidance, one of the affected families said they were “delighted” they could support their son’s needs “without breaking the rules”.
A spokesperson for the Cabinet Office said the most important action the public could take during the pandemic was to stay home to prevent the spread of Covid-19.
But, it added: “We understand that this will be more difficult for some, that is why we clarified the guidance regarding the needs of those with specific health conditions such as learning disabilities or autism.”