Coronavirus: What are the rules around facemasks in Lancashire and do I need to wear one?

A group of organisations and charities has raised concerns with the chairman of the National Police Chiefs’ Council (NPCC), Martin Hewitt, amid reports that officers have been 'wrongly claiming' people with disabilities must carry paperwork to prove their exemption to the rule.

And with rumours that the Government could be making face coverings mandatory in all outdoor settings, we have broken down the rules, giving you guidance on when you are and are not required to wear one:

What is a face covering?

In the context of the coronavirus outbreak, the Government website states that a face covering is something which safely covers the nose and mouth.

You can buy reusable or single-use face coverings. You may also use a scarf, bandana, religious garment or hand-made cloth covering but these must securely fit round the side of the face.

Face coverings are largely intended to protect others, not the wearer, against the spread of infection because they cover the nose and mouth, which are the main confirmed sources of transmission of virus that causes coronavirus infection.

Premises where face coverings are required should take reasonable steps to promote compliance with the law.

The police can take measures if members of the public do not comply with this law without a valid exemption and transport operators can deny access to their public transport services if a passenger is not wearing a face covering, or direct them to wear one or leave a service.

But when exactly do you need to wear a face covering?

In England you must wear a face covering in the following indoor settings (examples are given in brackets):

• public transport (aeroplanes, trains, trams and buses)
• taxis and private hire vehicles
• transport hubs (airports, rail and tram stations and terminals, maritime ports and terminals, bus and coach stations and terminals)
• shops and supermarkets (places which offer goods or services for retail sale or hire)
• shopping centres (malls and indoor markets)
• auction houses
• premises providing hospitality (bars, pubs, restaurants, cafes), except when seated at a table to eat or drink (see exemptions)
• post offices, banks, building societies, high-street solicitors and accountants, credit unions, short-term loan providers, savings clubs and money service businesses
• estate and lettings agents
• theatres
• premises providing personal care and beauty treatments (hair salons, barbers, nail salons, massage centres, tattoo and piercing parlours)
• premises providing veterinary services
• visitor attractions and entertainment venues (museums, galleries, cinemas, theatres, concert halls, cultural and heritage sites, aquariums, indoor zoos and visitor farms, bingo halls, amusement arcades, adventure activity centres, indoor sports stadiums, funfairs, theme parks, casinos, skating rinks, bowling alleys, indoor play areas including soft-play areas)
• libraries and public reading rooms
• places of worship
• funeral service providers (funeral homes, crematoria and burial ground chapels)
• community centres, youth centres and social clubs
• exhibition halls and conference centres
• public areas in hotels and hostels
• storage and distribution facilities

Who is exempt and why you may not need to wear one

According to Government guidance, people who cannot 'put on, wear or remove a face covering because of a physical or mental illness or impairment, or disability' do not need to wear a face covering.

This also includes anyone who feels that wearing one would cause them 'severe distress'.

People with an age, health or disability exemption 'do not routinely need to show any written evidence of this' and 'do not need to show an exemption card', the guidance says, adding: “Carrying an exemption card or badge is a personal choice and is not required by law.”

It also asks people to be 'mindful and respectful of such circumstances', highlighting that the reasons for this may not be visible to others.

This exemptions include (but are not limited to):

• children under the age of 11 (Public Health England does not recommend face coverings for children under the age of 3 for health and safety reasons)
• people who cannot put on, wear or remove a face covering because of a physical or mental illness or impairment, or disability
• where putting on, wearing or removing a face covering will cause you severe distress
• if you are speaking to or providing assistance to someone who relies on lip reading, clear sound or facial expressions to communicate
• to avoid harm or injury, or the risk of harm or injury, to yourself or others ‒ including if it would negatively impact on your ability to exercise or participate in a strenuous activity
• police officers and other emergency workers, given that this may interfere with their ability to serve the public

There are also scenarios when you are permitted to remove a face covering:

• if asked to do so in a bank, building society, or post office for identification
• if asked to do so by shop staff or relevant employees for identification, for assessing health recommendations (for example by a pharmacist) or for age identification purposes, including when buying age restricted products such as alcohol
• if required in order to receive treatment or services, for example when getting a facial
• in order to take medication
• if you are delivering a sermon or prayer in a place of worship
• if you are the persons getting married in a relevant place
• if you are aged 11 to 18 attending a faith school and having lessons in a place of worship as part of your core curriculum
• if you are undertaking exercise or an activity and it would negatively impact your ability to do so
• if you are an elite sports person, professional dancer or referee acting in the course of your employment
• when seated to eat or drink in a hospitality premise such as a pub, bar, restaurant or cafe. You must put a face covering back on once you finish eating or drinking

Do I need to prove I'm exempt?

If you have an age, health or disability reason for not wearing a face covering:

• you do not routinely need to show any written evidence of this
• you do not need show an exemption card

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.

However, some people may feel more comfortable showing something that says they do not have to wear a face covering. This could be in the form of an exemption card, badge or even a home-made sign.

Carrying an exemption card or badge is a personal choice and is not required by law.

Big Brother Watch, Disability Rights UK, Mencap, the Royal National Institute for Deaf People and the Survivors Trust have urged police chiefs to clarify the legal exemptions on face covering requirements because they fear disabled people and sexual abuse victims may be disproportionately affected by the latest crackdown on coronavirus laws in a bid to curb infection rates.

A letter to Mr Hewitt, signed by the bosses of each organisation, said there was 'widespread confusion' among police officers and called for assurances that restrictions are being enforced lawfully and fairly without discrimination.

The letter said: “We are concerned that those who are unable to wear face coverings will be disproportionately impacted by the increased emphasis on enforcement of the regulations.

“We are alarmed by ongoing reports of police officers wrongly claiming that people with disabilities must carry paperwork and show proof on request that they are exempt from the requirement to wear a face covering.

“This has no basis in law and risks discriminating against those with disabilities.

“Regulations on face coverings have been in force for six months and as such police should be clear on how they should be lawfully upheld.

“As long as this widespread confusion among police continues, we are concerned that people with disabilities will risk facing harassment, intimidation and unlawful fixed penalty notices.”

Legal and policy officer at Big Brother Watch, Madeleine Stone, added: “There is a real risk that disabled people will bear the brunt of the Government’s push for faster and harder enforcement of its complicated rules.

“Police requiring people to ‘show their papers’ to prove their disability is discriminatory, wrong and has no basis in law.”

A spokeswoman for the NPCC said: “Police officers have clear guidance on the exemptions to face coverings rules.

"Officers will have conversations with people to understand if they are exempt.

“Whilst officers will be inquisitive to establish the facts, we are clear that there is no requirement to provide medical proof of an exemption.”