Bindmans issued a letter before action last week, regarding the requirement to leave the home only once a day and stay local. It argues that adults and children with disabilities, including autism and other mental health conditions, are disproportionately affected by the requirement, which is therefore unlawful and discriminatory.
The children may need to leave their home more than once a day, and go to a quiet location that is not local to their area.
Jamie Potter, partner at Bindmans, said: ‘The social distancing measures being put in place by government are clearly important, but they cannot be used to disproportionately interfere in the rights of those with protected characteristics, particularly those with mental illness, autism or similar conditions that necessitate leaving the house more than once per day.’
Bindmans said the government has since said it is ‘actively considering the issues raised’.
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