±«Óãtv News (1pm), ±«Óãtv One, 28 May 2020

Complaint

While the bulletin was on the air, Durham Constabulary issued a press release about Dominic Cummings’ visit to the county.Ìý Speaking live and at short notice, Norman Smith, the ±«Óãtv’s Assistant Political Editor at the time, reported on it as follows:

We've heard from Dominic Cummings saying he didn't break the rules, we've heard from Boris Johnson saying he didn't break the rules, we've heard from numerous cabinet ministers saying he didn't break the rules: Durham police say, oh yes he did. He broke the rules by driving from his parents’ home to Barnard Castle – you remember that 30-mile eyesight test drive. ÌýWell, they say that was a minor breach of the rules. ÌýÌýThe decision to drive from London all the way up to Durham, that wasn’t a breach, but the trip to Barnard Castle was a minor breach.

A viewer complained that, irrespective of any inference which might be drawn from the statement, Durham Constabulary had not in fact said that Mr Cummings had broken Covid rules.Ìý The ECU considered the complaint in the light of the ±«Óãtv’s standards of due accuracy.

Ìý


Outcome

The press release made clear that, in Durham Constabulary’s view, the journey to Durham had not breached any regulations in relation to Covid.Ìý It went on to say:

Durham Constabulary have examined the circumstances surrounding the journey to Barnard Castle (including ANPR, witness evidence and a review of Mr Cummings’ press conference on 25 May 2020) and have concluded that there might have been a minor breach of the Regulations that would have warranted police intervention. Durham Constabulary view this as minor because there was no apparent breach of social distancing.

Although the release continued in terms which suggested Durham Constabulary believed it likely that Mr Cummings had breached the regulations, the ECU agreed with the complainant that it could not be accurately reported as saying he had done so.Ìý The context being one of sharp political controversy, it was notable that, while Durham Constabulary might have taken the opportunity to say that the trip to Barnard Castle either had or had not breached lockdown regulations, they refrained from doing so, and the report was less than duly accurate in that connection.

Upheld


Further action

The finding was reported to the management of ±«Óãtv News and discussed with the programme-makers concerned.