Using ‘common sense’ and gender inequalities behind COVID-19 rule breaking

By Nuffield Foundation

The public were generally willing to comply with COVID-19 restrictions during the pandemic. However, as time went on, an increasing amount of rule bending and ‘creative non-compliance’ took place.

The research, by the University of York and funded by the Nuffield Foundation, found that the main drivers of compliance were fear of peer disapproval, the conviction that breaking lockdown rules was morally wrong, and a general commitment to being law abiding.

Lawbreakers justified breaches by claiming they had adhered to the ‘spirit’ of a rule. For example, one participant explained why they had broken the rules to visit a friend at home by saying: “So, whilst we knew it was against the rules at the time, we also knew that it wasn’t not sensible and safe. So it was conflicting, but we felt comfortable the whole time …”.

Many participants repeated Boris Johnson’s adage about exercising “common sense” when explaining their decisions.

The researchers found that participants had radically different understandings of what was law and what was guidance issued by the government. This greatly influenced their willingness to comply. For example, more than 80% of people believed that the ‘two metre rule’ was a legal requirement, when in fact it had only been guidance.

Lead author of the study, Professor Joe Tomlinson from the Law School at the University of York, said: “We found that many people believed that legal requirements over the course of the pandemic were more onerous than they were in reality. This confusion may have increased compliance with many of the guidelines, but misleading the public in this way runs the risk of undermining the legitimacy of law.

“Overall our study shows that as a nation, the British people are very willing to follow the rules of the legal system, but it’s dangerous for governments to abuse that or take it for granted.

“The power of law in generating compliance is something policy makers should bear in mind for future public health responses as our study highlights a deep psychological difference.”

Gender differences

The study also found that women were nearly twice as likely than men to break laws prohibiting meeting with others indoors. This was a result of many of the laws imposed during the pandemic clashing with existing gender inequalities. As Professor Tomlinson explains, “there wasn’t enough consideration given to caring obligations and how the new laws would have a disproportionate impact on women and other groups facing inequalities.

“Our findings surprised us because previous studies into compliance have shown that men are much more likely to break the law than women. However, our results are not about women being willfully non-compliant. Many participants told us how they broke the law by enlisting grandparents to help with childcare or meeting with other mothers for support. They were forming ‘bubbles’ out of necessity before it was officially allowed.”

About the research

For the study, the researchers carried out surveys, interviews and focus groups with nearly 1,700 participants from across the country in order to investigate how the public responded to lockdown restrictions imposed during the extraordinary events of spring 2020 and what they believed to be legal rules.

During the COVID-19 crisis there was lots of discussion about why people did or did not comply with lockdown rules. This study illustrates how people’s willingness to comply with lockdown rules was markedly influenced by whether these rules were based in law or guidance and how they were communicated to the public. These important insights offer key lessons to policy makers when they are seeking to secure public compliance for new rules.” Rob Street, Director of Justice at the Nuffield Foundation

Explore our projects

A young child splashing in a puddle next to his guardian and sister.
New

Justice | 2024 - 2026

Special guardianship families: experiences and support needs

View project
A front view of a father and his two children. He is carrying his young son in his arms and his daughter is riding her scooter along the footpath as he pushes his son's scooter along the way.

Justice | Welfare | 2024 - 2026

Challenging justice inequalities with children in conflict with the law 

View project
New

Justice | 2024 - 2026

Breaking networks of youth serious violence

View project
New

Justice | 2024 - 2024

Crossing boundaries: Co-designing support for vulnerable young people

View project
Man getting professional advice

Justice | 2023 - 2025

Applicants’ experience of the Criminal Cases Review Commission (CCRC)

View project
Little boy at home looking pensive, playing a game on a smartphone

Justice | 2023 - 2025

Linking household benefits, financial precarity and child welfare

View project
Man holds girl's hand as he walks her to primary school

Justice | 2023 - 2025

Improving safeguarding outcomes after adoption or special guardianship

View project
Mother and small child on a bus looking out of the window together and playing a game naming the things they see

Justice | 2023 - 2026

Parental Advocacy in England: a realist evaluation of implementation

View project
Portrait of a teenager in front of a blue shed, looking at the camera

Justice | 2023 - 2025

Children in police custody: piloting a ‘Child First’ approach 

View project

Justice | 2023 - 2025

Access to justice through artificial intelligence

View project
Father and child washing up in the kitchen

Justice | 2023 - 2025

Physical punishment and child outcomes in the UK

View project
Man turns towards the camera, walking in a town, with other walkers in the background

Justice | 2023 - 2023

Creating and using better justice data

View project
A young child splashing in a puddle next to his guardian and sister.
New

Justice | 2024 - 2026

Special guardianship families: experiences and support needs

View project
A front view of a father and his two children. He is carrying his young son in his arms and his daughter is riding her scooter along the footpath as he pushes his son's scooter along the way.

Justice | Welfare | 2024 - 2026

Challenging justice inequalities with children in conflict with the law 

View project
New

Justice | 2024 - 2024

Crossing boundaries: Co-designing support for vulnerable young people

View project
New

Justice | 2024 - 2026

Breaking networks of youth serious violence

View project
Man getting professional advice

Justice | 2023 - 2025

Applicants’ experience of the Criminal Cases Review Commission (CCRC)

View project
Portrait of a teenager in front of a blue shed, looking at the camera

Justice | 2023 - 2025

Children in police custody: piloting a ‘Child First’ approach 

View project
Man holds girl's hand as he walks her to primary school

Justice | 2023 - 2025

Improving safeguarding outcomes after adoption or special guardianship

View project
Mother and small child on a bus looking out of the window together and playing a game naming the things they see

Justice | 2023 - 2026

Parental Advocacy in England: a realist evaluation of implementation

View project
Little boy at home looking pensive, playing a game on a smartphone

Justice | 2023 - 2025

Linking household benefits, financial precarity and child welfare

View project

Justice | 2023 - 2025

Access to justice through artificial intelligence

View project
Reported

Justice | 2019 - 2023

Born into care: best practice guidelines

View project
Man leading a focus group listening to the participants speaking

Justice | 2023 - 2026

Lived experience of the law: a research and policy project

View project
Group of teenage boys at school in uniform
In progress

Justice | 2022 - 2025

Exploring racial disparity in diversion from the youth justice system

View project
Dad holding baby walking with two kids
In progress

Justice | 2022 - 2024

Administrative fairness in the digital welfare state

View project
In progress

Justice | 2022 - 2024

Transparency and judicial review: a study of the duty of candour

View project
A teenage boy outdoors
In progress

Justice | 2022 - 2024

Child First: examining children’s collaboration in the Youth Justice System

View project
Young men looking puzzled as they look to another man for advice
In progress

Justice | 2022 - 2024

The role of communities and connections in social welfare legal advice

View project
Two children walk ahead of two adults, one pushing a pram
In progress

Justice | 2022 - 2024

Voluntary care plans for children in Scotland: using Section 25 orders

View project
Rethinking domestic abuse in child protection: responding differently
In progress

Justice | 2022 - 2024

Rethinking domestic abuse in child protection: responding differently

View project
Primary school children using tablets and laptops
In progress

Education | 2022 - 2024

NewsWise in primary education: news, digital literacy and civic engagement

View project
An older couple using a tablet to make a video call: Understanding local legal needs and supporting early intervention
In progress

Justice | 2022 - 2024

Understanding local legal needs and supporting early intervention

View project
A child with headphones sitting on her own using a laptop
In progress

Education | 2022 - 2023

The longer-term impact of COVID-19 on pupil attainment and well-being

View project
A woman helping a little girl get ready for school
In progress

Justice | Welfare | 2022 - 2024

Race, religion and representation among care-experienced children

View project
A crowded street with passers-by wearing face masks: Full Fact
In progress

Welfare | 2022 - 2025

Full Fact 2022 – 2025

View project
A young child splashing in a puddle next to his guardian and sister.
New

Justice | 2024 - 2026

Special guardianship families: experiences and support needs

View project
New

Justice | 2024 - 2024

Crossing boundaries: Co-designing support for vulnerable young people

View project
New

Justice | 2024 - 2026

Breaking networks of youth serious violence

View project
New

Education | 2022 - 2023

The medium-term impact of the COVID-19 pandemic on pupils with SEND

View project
Reported

Justice | 2019 - 2023

Born into care: best practice guidelines

View project
Reported

Justice | 2021 - 2023

Delivering administrative justice after the pandemic

View project
Side view of two female high school students in classroom working on laptops social distancing. Student in foreground is in focus and student in background is blurred
Reported

Education | 2021 - 2022

COVID-19 and disadvantage gaps in England 2020 and 2021

View project
Siblings play ball in a playground - Siblings Contact and the Law
Reported

Justice | 2020 - 2021

Guidance to judges on the anonymisation of children judgements

View project
Lawyer taking witness statement from male witness
Reported

Justice | 2019 - 2021

The production of witness statements by lawyers and litigants in person

View project
Close up of a young girl and her father wearing protective face masks during the COVID-19 pandemic outside.
Reported

Welfare | 2021 - 2023

The Economy 2030 Inquiry: navigating a decade of change

View project
Young boy draws and plays with a globe as part of nursery education
Reported

Education | 2020 - 2022

COVID-19 and childcare: local impacts across England

View project
Reported

Justice | 2020 - 2022

When is a wedding not a marriage? Exploring non-legally binding ceremonies

View project
Reported

Education | 2020 - 2021

COVID-19 mitigation measures: education provision and access to special schools

View project
Toddler-gleefully-eats-baked-beans-How-COVID-19-is-affecting-food-security-proj
Reported

Welfare | 2020 - 2021

How the COVID-19 crisis is affecting food security

View project
Male secondary school student working at home on laptop
Reported

Education | 2020 - 2021

The impact of COVID-19 on mainstream schools in England

View project
Teenage-girl-looks-at-smartphone-next-to-laptop-Growing-up-under-COVID-19-PROJ
Reported

Education | Welfare | 2020 - 2022

Growing up under COVID-19

View project
Search projects

We improve people’s lives by funding research that informs social policy, primarily in Education, Welfare and Justice. We also fund student programmes that give young people skills and confidence in science and research.

We offer our grant-holders the freedom to frame questions and enable new thinking. Our research must stand up to rigorous academic scrutiny, but we understand that to be successful in effecting change, it also needs to be relevant to people’s experience.

Profile