Derbyshire FPNs recinded following internal review into reservoir walkers

Two women who received £200 fixed penalty notices (FPNs) after travelling to a reservoir around five miles from their homes for a walk have had their fines rescinded following a review of the case by Derbyshire Constabulary.

Jan 11, 2021
By Tony Thompson
Rachel Swann

Chief Constable Rachel Swann said: “I can confirm that a review into FPNs issued by my officers last week has been completed.

“Two FPNs that were handed to two women who had travelled to Foremark Reservoir on Thursday (January 7) have been withdrawn and we have notified the women directly, apologising for any concern caused.

“I support the fact that the officers were trying to encourage people to stay local to prevent the spread of the virus. This is a responsibility for all of us.

“All of our FPNs issued in conjunction with the Covid guidance are subject to review. Having received clarification of the guidance issued by the National Police Chiefs’ Council on Friday, these FPNs as well as a small number of others issued, were reviewed in line with that latest advice, and so it is right that we have taken this action.

“We have been working hard to understand the ever-changing guidance and legislation and to communicate this to our officers in a way that makes it clear what is the right course of action to take.”

“At present there is no clear limit as to how far people can travel to exercise, but government guidance strongly requests people do not leave their local area.

“We all have a responsibility to follow both the regulations and the guidance put in place to protect the NHS and save lives, and I would expect my officers to continue to take the four Es approach; to engage, explain, encourage, and enforce, to help us to keep them and their communities safe.

“It is important to note that the force has received complaints from residents living in some scenic parts of Derbyshire asking that we carry out activity to stop others travelling to the area because it becomes more crowded for local people.

“Our activity is aimed to address these concerns and to remind people to stay local. We will continue to show a visible presence in these areas and encourage people to comply with the guidance.”

Derbyshire police and crime commissioner Hardyal Dhindsa welcomed the decision to rescind the fines given to the two women.

He said: “While the police are doing their absolute best to protect public safety during what is a critical time of the pandemic, the public should rightly expect a proportionate and balanced approach, taking full consideration of individual circumstances.

“We recognise that errors will occur in the face of complex guidance and legislation and it is important such situations are resolved quickly and fairly, as has been the case here. There is certainly a need for clearer direction on how the new regulations should be applied in the real world.

“I am pleased an apology has been made at the earliest opportunity and I am sure the force will learn lessons from this incident. However, it is vital people not only abide by the law, but they also enter into the spirit of lockdown and recognise the full seriousness of this emergency.

“This means minimising travel and only leaving the home for essential purposes to protect lives and NHS services and where people wilfully break the regulations, then they should expect a fixed penalty notice.”

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