The need to wear a face covering does not apply where factors such as health, age or equality make it difficult or dangerous to do so.
The Government guidance states that the requirement to wear a face covering is exempted for certain passengers and if the individual has a good reason not to.
This includes:
- A child under the age of 11 (or under the age of 5 in Scotland)
- If a physical or mental illness or impairment, or a disability that means the passenger cannot put on, wear or remove a face covering
- If putting on, wearing or removing a face covering would cause the passenger severe distress
- If the passenger is travelling with, or providing assistance to, someone who relies on lip reading to communicate
Please visit the GOV.UK website for the full list of exemptions.
The CAA recognises that some airlines require children under the age of 11 to wear a face covering. We are also aware that some airlines have specified the precise health condition that they believe would prevent a passenger from being able to wear a face covering. Airlines are permitted to set their own conditions of carriage and, as stated above, to deny boarding for non-compliance on health grounds. Passengers are not entitled to the rights under EC261 where these grounds are reasonable. This will be determined on a case by case basis.
As explained in the guidance for transport operators on passenger compliance with the face covering regulations, the Government's aim is to achieve high rates of compliance with wearing face coverings, rather than high rates of enforcement. Given this, where an airline policy differs from the Government guidance, we would expect the airline concerned to be prepared to explain to the passenger why their policy differs - such as requirements in another country the aircraft is operating from or to.
The CAA would only consider it reasonable to deny boarding to those not wearing a face covering who fall within the exemptions set down in the Government guidance but who are not in compliance with the airline's policy if the airline had clearly communicated this policy to its passengers in advance of the flight (for example during the booking process and during check-in).
Further, where a passenger seeks to rely on an exemption from the requirement to wear a face covering, we expect the airline to follow the 6-step process for escalation set out in the Government's guidance for operators.
Minimum Age
If an airline policy is for children under the age of 11 to wear a face covering, the CAA would again expect the airline to make this clear to passengers in advance of the flight (for example during the booking process and during check-in) and, in any event, should not impose the requirement on a child under the age of 3.
Medical Certificates and Passengers with Reduced Mobility or Medical Conditions
The Government's guidance on exemptions states that, where a passenger seeks to rely on an exemption from the requirement to wear a face covering, those seeking to enforce the requirement (i.e. airlines) should take a proportionate approach to the evidence they require in support of that reliance. The guidance goes on to state that, by way of example, it is not envisaged that people relying on an age, health or disability related exemption will routinely be required to produce any written evidence in support of their reliance.
The CAA agrees with this position and notes that this is consistent with the self-declaration approach for people seeking additional assistance at the airport and on-board the aircraft and which is set out in EC1107. Further, such a requirement to produce any written evidence would be difficult to meet as healthcare providers have limited capacity to deal with requests for such documentation.
In summary, for flights covered by the Regulations, the CAA does not consider that it would be reasonable for airlines to routinely require passengers seeking to rely on an exemption on the basis of a disability or medical condition to provide proof, for example in the form of a medical certificate, GP's letter, or similar, that they cannot wear a face covering. However, the CAA notes that the requirements on face coverings in other countries may differ from those covered by the Regulations, and therefore airlines may be required to apply different standards or rules on proof.
As explained above, the Government's aim is to achieve high rates of compliance with wearing face coverings and therefore, whilst we do not expect to see many passengers travelling who are unable to wear masks on health grounds, it is important that the exemptions and requirements are communicated to all passengers.