Recommendation 39

Some of these changes to children’s right to education were made through press announcements alone or through the use of Notices or Directions issued under powers in the Coronavirus Act. The Government should not interfere with human rights without a clear legal base and should be clear as to whether it has legally changed children’s rights or is merely changing messaging—such differences have been obscured during the Coronavirus crisis communications and this makes it difficult for parents and children to understand their rights. Whilst Government explanations, comments and press notices can be useful tools to explain legal changes, the Government must make it clear as to whether a new announcement, such as one purporting to “close schools” is made under legal powers to direct the closure of schools or is merely advisory—the rule of law is threatened if the Government obscures the legal status of its announcements. Further, legal documents—including Notices and Directions— which may interfere with human rights should be easily accessible. This is crucial for compliance with both the rule of law and human rights. The Government must ensure that all Notices and Directions interfering with human rights are published and readily available or signposted on gov.uk. (Paragraph 180) Access to Justice