Coronavirus legislation enforcement guidance to officers
Freedom of information request reference no: 01.FOI.22.023573
I note you seek access to the following information:
Please kindly provide a copy of the guidance given to your officers regarding the enforcement of the Coronavirus legislation covering social distancing, lockdown rules and parties including:
1. When to issue a warning
2. When to issue a fixed penalty notice
3. When to make an arrest
4. Locations where the legislation should not be enforced.
Decision
I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:
Section 21 – Information accessible by other means
Reason for decision
I note that you have asked for a copy of the guidance given to MPS officers regarding the enforcement of the Coronavirus legislation covering social distancing, lockdown rules and parties.
Firstly, it should be noted that there was no specific guidance in relation to parties as this would have come under the ‘gathering’ regulations. Therefore no information is held specifically relating to parties.
Furthermore, it should be noted that the National Police Chief’s Council (NPCC) provided national guidance for police officers throughout the Covid19 pandemic and the MPS followed this guidance.
NPCC issued new guidance every time there was a change in the legislation/ regulations. The most recent guidance, titled “Covid-19- Policing brief in response to Health Protection Regulations (Self-Isolation) updated” dated 30/11/2021 is published by the NPCC/College of Policing - COVID-19 – Policing brief in response to Health Protection Regulations (Self-Isolation) updated.pdf
As the guidance is readily available by other means Section 21 of the Act has been applied to refuse some of the information you are seeking in this case, namely guidance given to MPS officers regarding the enforcement of the Coronavirus legislation covering social distancing and lockdown rules.
For other information and guidance issued by the NPCC, or to submit a Freedom of Information Act request for information held by the NPCC.
Disclosure
With reference to your sub questions where you ask for a copy of guidance to MPS officers including:
1. When to issue a warning
2. When to issue a fixed penalty notice
3. When to make an arrest
4. Locations where the legislation should not be enforced.
The main guidance we provided to officers, and which we also published on our website throughout, was the ‘4 E’ approach which is outlined below. This approach was consistent throughout:
Policing Approach
We police by consent. The initial police response should be to encourage voluntary compliance. There is no power to ‘stop and account’.
Policing will continue to apply the four-step escalation principles:
1. Engage
2. Explain
3. Encourage, and only as a last resort
4. Enforce
Enforcement options
Gatherings: Where a constable or PCSO considers that a number of people are gathered together in contravention of the Regulations, they may:
1. direct the gathering to disperse
2. direct any person in the gathering to return to the place where they are living
3. remove any person from the gathering. Officers may use reasonable force, if necessary, in exercising this power.
There was no guidance issued stating locations where the legislation should not be enforced. The legislation makes it clear what could be enforced indoors and outdoors.
It should be noted that ‘Guidance’ is exactly that. If an officer chooses not to follow the guidance then they would have to justify why they did not do so.