“Explaining the new measures Ken Marsh told MailOnline: ‘If you have a medical reason for not wearing a mask, you now have to print off a clarification that proves you have an exemption.”
“What if someone says to you in a shop, if they’re maskless, ‘well I’m exempt but I’ve left my paperwork at home’?”
“Well we carry on the enforcement and it’s for them to prove. It’s very straightforward, you know we’ll say it’s absolutely fine, we’re going to carry on with the enforcement against you, him or she, but you have the power to prove that you are exempt, and then we won’t obviously proceed with it.”
We’ve seen a number of news outlets report comments made by the chair of the Metropolitan Police Federation, Ken Marsh, that anyone exempt from wearing a mask for medical reasons must have written clarification that that is the case.
He also made similar claims on LBC.
The gov.uk website says: “The police can take measures if members of the public do not comply with this [face covering] law without a valid exemption”.
But on the same page, it also says those with an age, health or disability reason for not wearing a face covering do not “routinely need to show any written evidence of this”.
It also says: “This means that you do not need to seek advice or request a letter from a medical professional about your reason for not wearing a face covering.”
It adds that “Carrying an exemption card or badge is a personal choice and is not required by law.”
We asked the Home Office whether the rules had changed since that page was last updated, which at the time of writing was on 4 December. It told us to ask the Department for Health and Social Care (DHSC).
The DHSC told us that to its knowledge the rules had not changed, and that what the government website said on mask exemptions still applied.
We asked the Police Federation what guidance or laws Mr Marsh was referring to when he made his claims.
It responded by saying that the government was asking police officers to enforce its “ever changing laws” when necessary to drive down case numbers.
It said: “The police can take measures if members of the public do not comply with this law without a valid exemption. From policing’s perspective – as we have stated – the onus should be on those who are not wearing a mask to prove that they are exempt from doing so, which would make the incredibly difficult job of police officers much easier at this time.”
So although there is no legal requirement for people to carry a badge or exemption card if they have a medical exemption from wearing a mask, it does also seem that the police may ask to see some proof of exemption, and may ask someone to leave the relevant place and/or issue a fixed penalty notice if this isn’t provided.
The law in England regarding face coverings in the context of Covid-19 does not mention any types of evidence which may prove people are exempt.
We asked the Police Federation what form this proof should take, for example a government exemption badge, or a note from a doctor, and whether someone could show proof later and have the fine rescinded. It was not able to tell us.
There are printable cards and badges on the gov.uk website for those who have an age, health or disability reason for not wearing a face covering.
The police and Transport for London officers can fine people £200 (or £100 if paid within 14 days) for their first offence of not wearing a face covering when they should.
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