Yes, you can swim outdoors (though not in a pool or organised venue), and you can drive or travel to get there (though you should minimise the number of journeys and the distance you travel). Leaving your home for recreation or exercise (including swimming) must only be done alone, with one other, or with members of your household or support bubble. This note is about England only.
As it is obvious that wild swimming is okay, and it is clear that you can only meet one person from outside your household, the remaining question is how far or where can you go.
Meeting no more than one other person outside your household/bubble is legislation (things you must follow). Travel points are from government guidance (things you should follow).
Key points on time outside the home and travel, extracts from government guidance:
You should minimise time spent outside your home.
…you should look to reduce the number of journeys you make. However you can and should still travel for a number of reasons, including:
…to spend time or exercise outdoors – this should be done locally wherever possible, but you can travel to do so if necessary (for example, to access an open space)…
If you need to travel we encourage you to walk or cycle where possible …
Overnight stays and holidays away from primary residences will not be allowed.
New National Restrictions from 5 November – GOV.UK https://www.gov.uk/guidance/new-national-restrictions-from-5-november
Key points on what, where and with whom are included as ‘exceptions’ to the rule that you must stay at home.
Guidance:
In general, you must not meet people socially. However, you can exercise or meet in a public, outdoors space with people you live with, your support bubble (or as part of a childcare bubble), or with one other person….
New National Restrictions from 5 November – GOV.UK https://www.gov.uk/guidance/new-national-restrictions-from-5-november
Legislation;
5.—(1)No person may leave or be outside of the place where they are living without reasonable excuse. …
6.—(2) (c)to take exercise outside—
(i)alone,
(ii)with—
(aa)one or more members of their household, their linked household,…
(iii)in a public outdoor place, with one other person who is not a member of their household, their linked household or their linked childcare household…
(d)to visit a public outdoor place for the purposes of open air recreation—
(i)alone,
(ii)with—
(aa)one or more members of their household, their linked household…
The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 https://www.legislation.gov.uk/uksi/2020/1200/made
More detail and interpretation
Below in a table are more extracts and links.
Who can meet?
The legislation and guidance go into more detail on household and linked households, with provision for childcare, looking after disabled people and so on.
It also makes it clear that meeting one other person can only be done if you are alone. So one individual can’t meet a friend who brings their family with them.
Some have considered interpreting this as arranging to meet another person at the same time in a different part of an outdoor place as another pair of people, or at a time interval from that other pair, or that they might happen to bump into them accidentally on purpose. Of course the outdoors is free for anyone to go to, and of course you might bump into people, in which case you obviously have to keep the correct distance, but anything that can be interpreted as trying to find loopholes is likely not be considered reasonable. As the government says, In general, you must not meet people socially.
Where can they meet
Both legislation and guidance also go into more detail on what is a public outdoor place, but it can be summarised as anywhere you can currently get access. It doesn’t need to be stated, but this obviously includes water as well as land outdoors.
There is more detailed guidance on travel.
How far can I travel?
There is much discussion on this. It is not covered by legislation, so there is no fixed distance or area (beyond travelling to different parts of the UK).
The general guidance refers to minimising time outside the home, looking to reduce the number of journeys you make, spending time doing exercise outdoors locally wherever possible, walking or cycling where possible, while at the same time saying that you can travel to do exercise or spend time outdoors if it is necessary. An example is given – to access an open space.
The more detailed guidance about accessing open space says this: “you should minimise the distance you travel in order to access green spaces, and avoid leaving your local area. Not everyone has easy access to green space, and you can therefore travel a short distance to exercise if necessary.”
Coronavirus (COVID-19): advice on accessing green spaces safely – GOV.UK https://www.gov.uk/guidance/coronavirus-covid-19-advice-on-accessing-green-spaces-safely
So it is left to us to decide what is reasonable – what is short, what is minimised, what is your local area, how many journeys…
In deciding this, it is also relevant to think about mental and physical health. As in the first period of restrictions earlier this year, how far you travel to swim or enjoy the outdoors might depend on being able to find a suitable place that you can safely do exercise or spend time outdoors that will be beneficial to and assure your mental and physical health.
So, for example if you are someone who because of physical characteristics needs to access water on a gentle beach, rather than a steep bank, and the only place you can find to do so is a little way away, then it seems reasonable to travel there, following all the other guidance. If you need to meet one other person to swim, and there is no one available local to you, then I would suggest travelling a little way to meet that person would be reasonable. If the place you could in theory swim near to home is not suitable, perhaps because the river is too fast, the waves in the sea too high, or it is not conducive to a relaxing and pleasant swim that would benefit your mental health, perhaps you need to travel a little further.
Unlike in the early days of the first set of restrictions, we don’t need to argue that swimming is a legitimate form of exercise which people can do who cannot do other exercise close to home such as walking, cycling or jogging, or that spending time outside for physical and mental health is legitimate.
There is no specific advice to answer these points in this guidance, but it might be useful.
COVID-19: guidance for the public on mental health and wellbeing – GOV.UK https://www.gov.uk/government/publications/covid-19-guidance-for-the-public-on-mental-health-and-wellbeing
Links and extracts
| General government guidance |
| New National Restrictions from 5 November – GOV.UK |
| https://www.gov.uk/guidance/new-national-restrictions-from-5-november, extracts: |
| …from Thursday 5 November until Wednesday 2 December, you must: |
| Stay at home, except for specific purposes. |
| Avoid meeting people you do not live with, except for specific purposes…. |
| 1. Stay at home |
| You must not leave or be outside of your home except for specific purposes. |
| These include:… |
| Meeting others and care |
| You can leave home to visit people in your support bubble, or to provide informal childcare for children 13 and under as part of a childcare bubble, to provide care for vulnerable people, to provide emergency assistance, attend a support group (of up to 15 people), or receive respite care. People can also exercise outdoors or visit an outdoor public place (see section 3). … |
| 2. Meeting others safely |
| In general, you must not meet people socially. However, you can exercise or meet in a public, outdoors space with people you live with, your support bubble (or as part of a childcare bubble), or with one other person. You should minimise time spent outside your home. When around other people, stay 2 metres apart from anyone not in your household – meaning the people you live with – or your support bubble. Where this is not possible, stay 1 metre apart with extra precautions (e.g. wearing a face covering)…. |
| You must not meet socially indoors with family or friends unless they are part of your household or support bubble. |
| A support bubble is where a household with one adult joins with another household. Households in that support bubble can still visit each other, stay overnight in each other’s households, and visit outdoor public places together. |
| You can exercise or visit outdoor public places with: |
| · the people you live with |
| · your support bubble |
| · or, when on your own, 1 person from another household. Children under 5, as well as disabled people dependent on round-the-clock care are not counted towards the limit on two people meeting outside |
| There is further guidance on what exercise and other physical activity can continue during the period of national restrictions. |
| Outdoor public places include: |
| · neighbourhood streets, parks, beaches, and the countryside |
| · public gardens and grounds (whether or not you pay to enter them) |
| · allotments |
| · outdoor playgrounds … |
| 11. Travel |
| If you live in England, you cannot travel overseas or within the UK, unless for work, education or other legally permitted reasons, and you should look to reduce the number of journeys you make. However you can and should still travel for a number of reasons, including:… |
| to spend time or exercise outdoors – this should be done locally wherever possible, but you can travel to do so if necessary (for example, to access an open space)… |
| If you need to travel we encourage you to walk or cycle where possible, and to plan ahead and avoid busy times and routes on public transport. This will allow you to practise social distancing while you travel. |
| 12. Staying away from home overnight |
| Overnight stays and holidays away from primary residences will not be allowed – including holidays in the UK and abroad. This includes staying in a second home or caravan, if you own one, or staying with anyone you do not live with or are in a support bubble with. |
| https://www.gov.uk/guidance/new-national-restrictions-from-5-november |
| Legislation |
| General |
| The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 https://www.legislation.gov.uk/uksi/2020/1200/made, extracts: |
| PART 2 Restrictions on movement |
| Restrictions on leaving home |
| 5.—(1) No person may leave or be outside of the place where they are living without reasonable excuse. |
| (2) For the purposes of paragraph (1)— |
| (a)the circumstances in which a person has a reasonable excuse include where one of the exceptions set out in regulation 6 applies; … |
| Exceptions: leaving home |
| 6.—(1) These are the exceptions referred to in regulation 5. |
| Exception 1: leaving home necessary for certain purposes |
| (2) Exception 1 is that it is reasonably necessary for the person concerned (“P”) to leave or be outside the place where P is living (“P’s home”)— … |
| (c)to take exercise outside— |
| (i)alone, |
| (ii)with— |
| (aa)one or more members of their household, their linked household, or |
| (bb)where exercise is being taken as part of providing informal childcare for a child aged 13 or under, one or more members of their linked childcare household, … |
| (iii)in a public outdoor place, with one other person who is not a member of their household, their linked household or their linked childcare household, |
| (d)to visit a public outdoor place for the purposes of open air recreation— |
| (i)alone, |
| (ii)with— |
| (aa)one or more members of their household, their linked household, or |
| (bb)where exercise is being taken as part of providing informal childcare for a child aged 13 or under, one or more members of their linked childcare household, or |
| (iii)with one other person who is not a member of their household or their linked household, |
| PART 3Restrictions on gatherings |
| Part 3: general interpretation |
| 7.—(1) This paragraph applies for the purposes of this Part. |
| (2) A gathering takes place when two or more persons are present together in the same place in order— |
| (a)to engage in any form of social interaction with each other, or |
| (b)to undertake any other activity with each other. |
| (3) A place is indoors if it would be considered to be enclosed, or substantially enclosed, for the purposes of section 2 of the Health Act 2006(17), under the Smoke-free (Premises and Enforcement) Regulations 2006(18). |
| (4) A place is a “public outdoor place” if it is an outdoor place to which the public have, or are permitted, access (whether on payment or otherwise) and includes— |
| (a)land laid out as a public garden or used for the purpose of recreation by members of the public; |
| (b)land which is “open country” as defined in section 59(2) of the National Parks and Access to the Countryside Act 1949(19), as read with section 16 of the Countryside Act 1968(20); |
| (c)land which is “access land” for the purposes of Part 1 of the Countryside and Rights of Way Act 2000(21) (see section 1(1) of that Act)(22); |
| (d)any highway to which the public has access; |
| (e)Crown land to which the public has access. … |
| Participation in outdoor gatherings |
| 9.—(1) No person may participate in a gathering which— |
| (a)takes place in a public outdoor place and consists of more than two people, or |
| (b)takes place in any other outdoor place (including any outdoor part of a private dwelling) and consists of two or more people. |
| (2) In determining whether there is a gathering of two or more people, no account is to be taken of any person who is— |
| (a)present in the gathering as a carer for a person with a disability who needs continuous care, provided that there are no more than two people present in that capacity, or |
| (b)below the age of five. … |
| https://www.legislation.gov.uk/uksi/2020/1200/made |
|
Police guidance to the law Law outlined in ‘Coronavirus rules in England’, https://www.police.uk/advice/advice-and-information/c19/coronavirus-covid-19/coronavirus-rules-england/ Understanding the law, from College of Policing, https://beta.college.police.uk/guidance/covid-19/understanding-law – this link downloads a handy guide to latest regs (5 Nov-2 Dec 2020), England, Health Protection (England) (No. 4) Regulations 2020 – National restrictions (pdf) 417.01 KB Includes this advice to police: “Remember The Coronavirus Act 2020 (primary legislation) Yes, enforceable. There are five main summary offences created by the legislation. These offences are punishable on summary conviction by a fine The Health Protection Regulations(secondary legislation) Yes, enforceable. Anyone contravening these requirements commits an offence, punishable on summary conviction by a fine Government guidance–is not enforceable. Do not issue fines to people for not adhering to government guidance.” College of Policing, Health Protection (England) (No. 4) Regulations 2020 – National restrictions (pdf) 417.01 KB Police approach “What we are doing If there is a problem we want to resolve it by communicating clearly and encouraging people to behave responsibly. We’re following ‘the 4 Es’: Engage. Explain. Encourage. Enforce. First we will try to engage with someone, explain how we think they are breaking the rules, and encourage them to change their behaviour to reduce the risk to public safety and health. If people still do not follow the rules the police can: tell them to disperse tell parents to stop their children breaking the rules fine them If someone continues to ignore the instructions, the police can arrest them if they think it is proportionate and necessary.” Coronavirus police powers, Police.uk, https://www.police.uk/advice/advice-and-information/c19/coronavirus-covid-19/coronavirus-covid-19-police-powers/ |
| Outdoors |
| Coronavirus (COVID-19): advice on accessing green spaces safely – GOV.UK, extracts: |
| You can spend time in an outdoor public place for exercise or recreation either alone or with: |
| members of your household and/or support bubble |
| one other person, plus any children under five |
| children you are informally caring for as part of a childcare bubble |
| There is no limit to the amount of time you can spend outside for exercise…. |
| You must follow social distancing guidelines when spending time outdoors. |
| When accessing green spaces, walk or cycle if you can. Where this is not possible, use public transport or drive…. |
| You should minimise the distance you travel in order to access green spaces, and avoid leaving your local area. Not everyone has easy access to green space, and you can therefore travel a short distance to exercise if necessary. |
| You can spend time for exercise and recreation in public outdoor spaces such as parks, playgrounds, and public gardens whether entry is paid or not. … |
| Before travelling, you should check if facilities, such as car parks and toilets, are open to visitors. Do not park on verges or block gates. This restricts access for other vehicles. |
| You cannot stay overnight unless an exemption applies, for example for work purposes. |
| (also has sections: |
| Respect other people and protect the natural environment … |
| If you own or manage land) |
| Coronavirus (COVID-19): advice on accessing green spaces safely – GOV.UK https://www.gov.uk/guidance/coronavirus-covid-19-advice-on-accessing-green-spaces-safely |
| (More detail for land owners and managers: |
| Coronavirus (COVID-19): safer public places – urban centres and green spaces – Guidance – GOV.UK |
| https://www.gov.uk/guidance/safer-public-places-urban-centres-and-green-spaces-covid-19 |
| COVID-19: Guidance for managing beaches, the countryside and coastal areas – GOV.UK |
| https://www.gov.uk/government/publications/covid-19-guidance-for-managing-beaches-the-countryside-and-coastal-areas) |
| Travelling |
| Coronavirus (COVID-19): safer travel guidance for passengers – GOV.UK, includes: |
| Walking and cycling |
| You must stay at home unless you are travelling for work, education or for other legally permitted reasons. Where you need to travel, walk or cycle if you can. |
| This will reduce pressure on public transport and the road network. … |
| Plan your journey |
| You must avoid travelling internationally or within the UK and stay at home, unless you are travelling for work, education or for other legally permitted reasons, including by car or other vehicles…. |
| Car sharing |
| If you are car sharing then you must not share the car with someone from outside your household or your support bubble unless your journey is undertaken for a legally permitted reason. … |
| Checklists for safer travel |
| Plan your journey |
| is the journey permitted? |
| can you walk or cycle to your destination?… |
| have you planned your journey to minimise crowded areas and allow for delays? |
| are you taking the most direct route to your destination? |
| https://www.gov.uk/guidance/coronavirus-covid-19-safer-travel-guidance-for-passengers |
| Mental health during lockdown |
| COVID-19: guidance for the public on mental health and wellbeing – GOV.UK |
| https://www.gov.uk/government/publications/covid-19-guidance-for-the-public-on-mental-health-and-wellbeing |
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