CORONAVIRUS: LAWYERS WITH CHILDREN WAIT ON KEY WORKER LIST UPDATE

The UK Law Gazette reports…

The (UK) government’s list of key workers – whose children will be allowed into school during the coronavirus crisis – has been published.

But there remains confusion as to the extent that lawyers working in the courts are among those given special provision when schools close from Monday. Discussions were ongoing with justice officials throughout Friday to establish to how many legal workers are included.

The list states that, alongside the likes of health and social care workers and food distribution workers, those ‘essential to the running of the justice system’ are also regarded as key workers. It is not clear whether this extends to all court staff, magistrates, judges, security staff, cleaners and lawyers representing clients in ongoing cases.

The judiciary has made provision for most civil and family cases to be heard remotely. Even then lawyers will be required to take part in virtual hearings.

The Law Society said it is seeking urgent clarity on precisely who will be considered ‘essential to justice system’ in the government’s list of key workers. Simon Davis, Law Society president, said: ‘Solicitors must be able to fulfil their duties safely in order to protect access to justice and uphold the rule of the law.’

The government states that every child who can be safely cared for at home should be. If a child needs specialist support, is vulnerable or has a parent who us a critical worker, then educational provision will be available.

If workers think they fall within the critical categories they should confirm with their employer that, based on their business continuity arrangements, their specific role is necessary for the continuation of this essential public service.

If a school is closed then contact the local authority, who will seek to redirect people to a local school in the area that the child can attend.

According to the most recent law firm data, 61% of all solicitors have children, with 72% of this group having children of school age.

Clarification on the matter is urgently needed, with schools requiring to know whether parents are key workers by this morning so they can decide how many educational staff will be needed.

Some help was offered by HM Courts & Tribunals Service chief executive Susan Acland-Hood, who responded to a lawyer on Twitter who had said court users might feel bad for putting children into school and putting the system under more pressure.

Acland-Hood replied: ‘If it helps – if you are required to attend court, then you are essential. No guilt.’

The Criminal Bar Association said it took the guidance to mean it has been confirmed that criminal barristers (and indeed duty solicitors, fee paid judges and others in critical roles essential to the running of the justice system) required to be at court are to be considered critical workers.

The Family Law Bar Association tweetd on Friday afternoon that the MoJ had agreed that those lawyers involved in court proceedings regularly, whether in person or remotely, are covered as key workers.

UK GOVT ADVICE

Guidance

Guidance for schools, childcare providers, colleges and local authorities in England on maintaining educational provision

Published 19 March 2020

https://www.gov.uk/government/publications/coronavirus-covid-19-maintaining-educational-provision/guidance-for-schools-colleges-and-local-authorities-on-maintaining-educational-provision

As a country, we all need to do what we can to reduce the spread of the COVID-19 virus.

That is why the government has given clear guidance on self-isolation, household isolation and social distancing.

And the most recent scientific advice on how to further limit the spread of COVID-19 is clear. If children can stay safely at home, they should, to limit the chance of the virus spreading.

That is why the government has asked parents to keep their children at home, wherever possible, and asked schools to remain open only for those children who absolutely need to attend.

It is important to underline that schools, all childcare settings (including early years settings, childminders and providers of childcare for school-age children), colleges and other educational establishments, remain safe places for children. But the fewer children making the journey to school, and the fewer children in educational settings, the lower the risk that the virus can spread and infect vulnerable individuals in wider society.

Schools, and all childcare providers, are therefore being asked to continue to provide care for a limited number of children – children who are vulnerable, and children whose parents are critical to the Covid-19 response and cannot be safely cared for at home.

Vulnerable children include children who are supported by social care, those with safeguarding and welfare needs, including child in need plans, on child protection plans, ‘looked after’ children, young carers, disabled children and those with education, health and care (EHC) plans.

We know that schools will also want to support other children facing social difficulties, and we will support head teachers to do so.

Parents whose work is critical to the COVID-19 response include those who work in health and social care and in other key sectors outlined below. Many parents working in these sectors may be able to ensure their child is kept at home. And every child who can be safely cared for at home should be.

Please, therefore, follow these key principles:

If it is at all possible for children to be at home, then they should be.
If a child needs specialist support, is vulnerable or has a parent who is a critical worker, then educational provision will be available for them.
Parents should not rely for childcare upon those who are advised to be in the stringent social distancing category such as grandparents, friends, or family members with underlying conditions.
Parents should also do everything they can to ensure children are not mixing socially in a way which can continue to spread the virus. They should observe the same social distancing principles as adults.
Residential special schools, boarding schools and special settings continue to care for children wherever possible.

If your work is critical to the COVID-19 response, or you work in one of the critical sectors listed below, and you cannot keep your child safe at home then your children will be prioritised for education provision:

This includes but is not limited to doctors, nurses, midwives, paramedics, social workers, care workers, and other frontline health and social care staff including volunteers; the support and specialist staff required to maintain the UK’s health and social care sector; those working as part of the health and social care supply chain, including producers and distributers of medicines and medical and personal protective equipment.

Education and childcare

This includes childcare, support and teaching staff, social workers and those specialist education professionals who must remain active during the COVID-19 response to deliver this approach.

Key public services

This includes those essential to the running of the justice system, religious staff, charities and workers delivering key frontline services, those responsible for the management of the deceased, and journalists and broadcasters who are providing public service broadcasting.

Local and national government

This only includes those administrative occupations essential to the effective delivery of the COVID-19 response, or delivering essential public services, such as the payment of benefits, including in government agencies and arms length bodies.

Food and other necessary goods

This includes those involved in food production, processing, distribution, sale and delivery, as well as those essential to the provision of other key goods (for example hygienic and veterinary medicines).

Public safety and national security

This includes police and support staff, Ministry of Defence civilians, contractor and armed forces personnel (those critical to the delivery of key defence and national security outputs and essential to the response to the COVID-19 pandemic), fire and rescue service employees (including support staff), National Crime Agency staff, those maintaining border security, prison and probation staff and other national security roles, including those overseas.

Transport

This includes those who will keep the air, water, road and rail passenger and freight transport modes operating during the COVID-19 response, including those working on transport systems through which supply chains pass.

Utilities, communication and financial services

This includes staff needed for essential financial services provision (including but not limited to workers in banks, building societies and financial market infrastructure), the oil, gas, electricity and water sectors (including sewerage), information technology and data infrastructure sector and primary industry supplies to continue during the COVID-19 response, as well as key staff working in the civil nuclear, chemicals, telecommunications (including but not limited to network operations, field engineering, call centre staff, IT and data infrastructure, 999 and 111 critical services), postal services and delivery, payments providers and waste disposal sectors.

If workers think they fall within the critical categories above, they should confirm with their employer that, based on their business continuity arrangements, their specific role is necessary for the continuation of this essential public service.

If your school is closed, then please contact your local authority, who will seek to redirect you to a local school in your area that your child, or children, can attend.

We are grateful for the work of teachers and workers in educational settings for continuing to provide for the children of the other critical workers of our country. It is an essential part of our national effort to combat this disease.