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Coronavirus: Did Neil Ferguson break lockdown laws with visit from lover?

Police have said they are taking no further action over 'disappointing' visits to Prof Ferguson's home

Lizzie Dearden
Home Affairs Correspondent
Wednesday 06 May 2020 15:15 BST
Matt Hancock says science adviser breaking lockdown rules to see lover is police matter

The health secretary has suggested that police should take action against a government adviser who allegedly violated the coronavirus lockdown by allowing his girlfriend to visit his home.

Matt Hancock said Professor Neil Ferguson “took the right decision to resign” from the Scientific Advisory Group for Emergencies after conceding he made an “error of judgment” with the liaison.

The Imperial College London researcher’s work was crucial in Boris Johnson’s move to enforce unprecedented restrictions on movement and association.

Asked about police involvement, Mr Hancock told Sky News: “They will take their decisions independently from ministers, that’s quite right, it’s always been like that.

“Even though I have got a clear answer to what I think, as a minister the way we run the police is that they make decisions like this.

“So I give them their space to make that decision, but I think he took the right decision to resign.”

But the Metropolitan Police, who have responsibility for the case as both Prof Ferguson and his girlfriend live in London, said they would take no further action.

“We remain committed to our role in supporting adherence to government guidance and have made it clear that our starting position is explaining the need to follow the regulations with anyone who is in breach in order to keep people safe and protect the NHS,” a statement said.

“It is clear in this case that while this behaviour is plainly disappointing, Professor Ferguson has accepted that he made an error of judgement and has taken responsibility for that. We therefore do not intend to take any further action.”

Did Prof Ferguson commit an offence?

The Telegraph reported that he allowed 38-year-old Antonia Staats, said to be his “lover”, to visit him at home in London at least twice during the lockdown, on 30 March and 8 April.

Under the Health Protection Regulations, which were brought in to enforce the UK lockdown announced on 23 March, it is illegal to leave home “without reasonable excuse”.

Regulation 6 reads: “During the emergency period, no person may leave or be outside of the place where they are living without reasonable excuse.”

Violating the law can be punished with a £60 fine, or arrest in more severe cases, although police have been instructed to use enforcement as a last resort.

But the law as it stands only applies to the person who left their home, rather than the person being visited.

So while Ms Staats could be investigated for a potential breach of the Health Protection Regulations, Prof Ferguson could not have broken that law while staying inside his home.

But under the separate Magistrates’ Courts Act 1980, it is an offence to “aid, abet, counsel or procure” someone else to commit a summary offence.

“No further action will be taken against anyone,” a spokesperson for Scotland Yard said.

Professor Neil Ferguson entertained his “lover” twice during lockdown 

Why are police taking no further action?

Police have been instructed to use arrests and fines under the Health Protection Regulations as a “last resort” after encouraging people to follow the law voluntarily.

As the statement from Scotland Yard said, its “starting position is explaining the need to follow the regulations with anyone who is in breach in order to keep people safe and protect the NHS”.

The Metropolitan Police handed out 634 fines in the first month of the lockdown – a much lower rate than other regional police forces.

The number was lower than areas with much smaller populations, including Surrey, Sussex and Thames Valley.

Taking action against Ms Staats risks appearing disproportionate in comparison to Scotland Yard’s overall approach, which has focused on large public gatherings and other incidents that pose a health risk.

In March, commissioner Dame Cressida Dick said she had been “very clear” with her officers that they should encourage people to comply voluntarily with the law.

“My approach in my service is one entirely of trying to encourage people, to engage with people, to have conversations with people,” she added.

Dame Cressida Dick has instructed the Met to use enforcement powers as a last resort (Getty)

Is there a legal precedent for similar cases?

We do not know. The National Police Chiefs’ Council has been publishing the number of fines issued by regional police forces – almost 9,000 in England by 27 April.

But because of the way they are handed out, the specific circumstances for each fine are not recorded.

By paying them, people avoid prosecution and cases do not go to court.

If people refuse to pay fines, they can be prosecuted under the Health Protection Regulations, but no data on the number of such cases is yet available and the lockdown has made it difficult for journalists to report comprehensively on magistrates’ court proceedings.

Is visiting a partner a “reasonable excuse” to leave home?

It is not, and officials made that clear on the first day of the lockdown.

At a press briefing on 24 March, the deputy chief medical officer suggested couples who live apart should move in together if they wanted to continue seeing each other.

Jenny Harries said: “The issue here is that we do not want to have people switching in and out of households. It would defeat the purpose of the reduction in social interactions and would allow transmission of disease.”

At the time, Mr Hancock said people should “make the choice and stick with it”.

The law lists numerous reasonable excuses, which are not exhaustive, and include exercising, shopping, working, moving house and escaping the risk of harm.

What has Prof Ferguson said?

He told The Telegraph: “I accept I made an error of judgment and took the wrong course of action. I have therefore stepped back from my involvement in Sage.

“I acted in the belief that I was immune, having tested positive for coronavirus, and completely isolated myself for almost two weeks after developing symptoms.

“I deeply regret any undermining of the clear messages around the continued need for social distancing to control this devastating epidemic. The government guidance is unequivocal, and is there to protect all of us.”

Prof Ferguson’s research warned that 250,000 people could die in the UK without drastic action before Boris Johnson imposed restrictions.

A mathematician and epidemiologist, he led the Imperial team that modelled the spread and impact of Covid-19 in a government-commissioned report.

The paper said merely slowing the spread of the virus, which had at that point been the aim, would have led to the NHS being overwhelmed by cases.

On 18 March, he announced that he had the fever and cough symptoms of Covid-19 and there was a small risk he had infected others in highlighting “the need for the response which has been enacted”.

His is not the first high-profile resignation of the pandemic, with Catherine Calderwood quitting as Scotland’s chief medical officer after making two trips to her second home.

Imperial College London said Prof Ferguson “continues to focus on his important research”.

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