Dear St Mary's University, Twickenham,
In this FOI response you state:
"Halls of residence are not classified as holiday accommodation and therefore this regulation is not applicable to the University".
The regulation that you are claiming is not applicable is section 5 (3) of the STATUTORY INSTRUMENT 2020 No. 350 PUBLIC HEALTH, ENGLAND The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
If what you are suggesting is correct, then:
Question 1. Does St Mary’s University policy classe students halls of residence as a students home?
On the 1st April St Mary's University sent all students an email stating the following:
"The outbreak of the Coronavirus in the UK, and the subsequent advice and restrictions issued by the UK Government, has meant that some students in University Accommodation have returned home for their own wellbeing or for that of their family. In contrast there have been some students unable to return home due to travel restrictions or shielding issues and who have remained in University Accommodation. We have made the safety of those students our immediate priority.
We appreciate that the existing Accommodation Licence Agreement termination date of 24 May might not be suitable for all of our students in these unusual circumstances. Therefore, to support the individual needs of our students we are offering the following options to vary the termination date of your licence agreement;
Option 1 – Early Termination of Accommodation Licence
If you wish to terminate your Accommodation Licence early, the University is offering to vary the terms of your licence agreement to terminate on 8 April 2020. If you wish to termination your licence, please complete this form by 4pm on 6 April. If you choose to terminate your licence early, the amount of your final instalment payment will be reduced to reflect the shortened rental period and any direct debits (to be collected on 20 April) will be automatically adjusted. Any forms received after 4pm on 6 April will mean your licence will continue until the existing date of 24 May."
If St Mary's University policy is that the students halls of residence is a students home, then can you tell me what St Mary's policy was in regards to students making a "decision" to leave their halls of residence "home" to travel to their family "home" on 7th or 8th April 2020 when section 6 (1) of the the STATUTORY INSTRUMENT 2020 No. 350 PUBLIC HEALTH, ENGLAND The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 stated this?
Restrictions on movement
6.—(1) During the emergency period, no person may leave the place where they are living without reasonable excuse.
(2) For the purposes of paragraph (1), a reasonable excuse includes the need—
(a)to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household) or for vulnerable persons and supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person, or to obtain money, including from any business listed in Part 3 of Schedule 2;
(b)to take exercise either alone or with other members of their household;
(c)to seek medical assistance, including to access any of the services referred to in paragraph 37 or 38 of Schedule 2;
(d)to provide care or assistance, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006(3), to a vulnerable person, or to provide emergency assistance;
(e)to donate blood;
(f)to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living;
(g)to attend a funeral of—
(i)a member of the person’s household,
(ii)a close family member, or
(iii)if no-one within sub-paragraphs (i) or (ii) are attending, a friend;
(h)to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
(i)to access critical public services, including—
(i)childcare or educational facilities (where these are still available to a child in relation to whom that person is the parent, or has parental responsibility for, or care of the child);
(iii)services provided by the Department of Work and Pensions;
(iv)services provided to victims (such as victims of crime);
(j)in relation to children who do not live in the same household as their parents, or one of their parents, to continue existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;
(k)in the case of a minister of religion or worship leader, to go to their place of worship;
(l)to move house where reasonably necessary;
(m)to avoid injury or illness or to escape a risk of harm.
(3) For the purposes of paragraph (1), the place where a person is living includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.
(4) Paragraph (1) does not apply to any person who is homeless.
Did St Mary's University Interim Vice Chairman confirm the Government/Public Health England's position in a YouTube broadcast on the 24th March 2020 telling students to go home (to their family home)?
(For the avoidance of doubt if students have already been told to go home to their family home on the 24th March by St Mary's Interim Vice Chairman, then section 6(2)(l) of legislation cannot apply).
I look forward to your reply in line with ICO guidelines.
Dear St Mary's University, Twickenham,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of St Mary's University, Twickenham's handling of my FOI request 'Restriction of students movement.'.
May I report this for an internal review as it has not been answered.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...
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