What has just happened?
Students at certain UK universities are being made to isolate within their university halls, but without access to essential facilities – food, exercise, and without freedom. Some students are attempting to claim that this action by Universities is false imprisonment.[1]
Manchester Metropolitan University currently has 1500 students on lockdown within its halls[2]. This is being enforced by security staff on the doors restricting access to shared spaces such as kitchens and exercise facilities as well as limiting social interactions. Worst of all, they are paying for this ‘privilege’!
What does this mean?
Lockdown is a new concept, and the idea of it would have likely seemed criminal (as well as absurd!) a few years ago. But, with the current climate, and Covid-19 having turned 2020 into a modern dystopia, lockdown and isolation are the new normal.
It is key to establish whether there is any merit to the false imprisonment claims, as if so, this could cause a huge influx of these cases from students who have been required to isolate all over the UK.
There has been support on social media by some lawyers, including Adam Wagner a barrister at Doughty Street Chambers. He tweeted that he was “dubious to say the least” about what the legal basis of the student lockdown was.[3]
University students across the UK have been speaking of their fears, anger and frustration after being forced into lockdown.
Rabah Kherbane also tweeted “an immediate notice, large-scale effective imprisonment of first year students, with 24-hour enforcement by accommodation security is slightly surreal”.[4]
Other local lawyers have encouraged Manchester Metropolitan students to seek legal advice.
The lockdown would be understandable after 127 students tested positive, however the 24-hour enforcement at the entrances and exits definitely suggests imprisonment. Some students are being forced to remain in a building potentially against their will for 14 days.
The university has made statements expressing how this is necessary action, and that they are implementing food deliveries with local companies and other measures to aid the students.
What is the legal impact?
Current evidence is suggesting that coronavirus is far from over[5], and therefore we can assume that other universities may have to take similar measures of locking students down in accommodation buildings, however if this is allowed to proceed in its current methods, is this not imprisonment? Students are all over the age of 18, and in any other format would be advised to lock down, but not forced with manned entrances and exits.
False imprisonment is “complete deprivation of liberty for any time, however short, without lawful cause”.[6]
To prove false imprisonment, the claimant would have to prove that they were detained, and that there was no lawful legal authority to justify said detention. The location in which one is detained is irrelevant, however the detention must be total, meaning there is not a viable route to evade the detention.
This seems to satisfy the requirements for false imprisonment, and if so, this will have a huge impact on the courts as they are already at near full capacity, and potentially thousands of students in months to come may attempt to make claims, this could result in an overwhelming influx of false imprisonment cases from students.
Due to the new nature of this subject matter, there are currently no enforced rules regarding mass lockdowns, and what is permitted and not. This recent news and these claims of false imprisonment could force implementation of rules or at least guidance as to how universities and other organisations are allowed to enforce lockdowns.
Regarding the students currently facing this alleged false imprisonment, monetary concerns are rife. They are already paying thousands of pounds for their current halls accommodation, and also need money for food and other necessities. There is a problem with access to justice for students in this position, as they are very unlikely to be able to afford to seek legal guidance or pay a lawyer.
Concerning the lockdown at Manchester Metropolitan University, the police, local authority, and university confirmed that there was not a legal enforcement of the lockdown and that students were free to leave, albeit advised not to do so. [7]
There has been a distinct lack of national guidance for university students throughout this pandemic, and the lack of guidance in terms of getting locked down at university confirms that.
Clarification is needed in terms of what is allowed for locking down students at universities, and in terms of the false imprisonment claims, and whether they hold any merit.
Written by Lucy Stone
[1]False imprisonment is a common law offence involving the unlawful and intentional or reckless detention of the victim.
[2] “Hundreds of Manchester Metropolitan University students tested for coronavirus during major campus lockdown” https://www.manchestereveningnews.co.uk/news/greater-manchester-news/hundreds-manchester-metropolitan-university-students-19040909
[3] Adam Wagner, tweeted on Sept 27th
[4] Rabah Kherbane, barrister, tweeted on Sept 27th
[5] World Health Organisation chief warned that the pandemic was far from over.
[6] Clerk and Lindsell, Torts (19th Edition, 2006) 15-23.
[7] Statement made by University on Sunday 27th September
Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.