Parents’ legal fight to scrap school mask mandate

Frustrated parents have launched a legal fight to strip the state government of its powers to enforce mask mandates on children and ban future playground closures.

More than 100 frustrated parents fed up with the chief health officer’s schools mask mandate are launching a class action against the Andrews government in a bid to scrap the rule.

Melbourne-based law firm Roberts Gray Lawyers has issued a public appeal for mums and dads “concerned” about the mandate that requires school kids in grades three and above to wear a face mask to contact the firm to bring the lawsuit before the courts.

The parents want the state government stripped of the power to enforce the mask mandate on children and to close playgrounds in the event of future lockdowns.

Roberts Gray’s managing director Rhys Roberts said most of Victoria’s pandemic measures had been responsible and effective, but questioned “the merit and appropriateness” of having kids wear masks in the classroom.

“Protecting public health is always a priority but protecting democracy and community physical and psychological health must not be left out of the equation,” Mr Roberts said.

“While the actions of the Commonwealth and State Governments directed at minimising the impact of Covid have been broadly appropriate and responsible, we all have an obligation to defend and protect democracy.”

Despite amendments to public health directives that no longer require schools to close down entirely if a positive case is detected, the lawsuit also aims to remove playground and classroom closures from health authorities’ arsenal.

“There has been a lot of despair regarding school closures and related matters such as closing playgrounds,” Mr Roberts said.

The Health Department now requires positive cases and their close contacts to isolate for seven days, with schools tasked with alerting parents to exposures and encouraging testing.

Single mother of two Janet Campbell contacted Mr Gray and said her eight-year-old son and five-year-old daughter struggled with previous home learning stints.

“It’s so much harder because I’m a struggling single mother with two young kids raising them all on my own,” she said.

The mask mandate lawsuit is not the first time members of the public have attempted to hold the Andrews government’s pandemic restrictions to account.

A total of 700 Jim’s Mowing franchisees last year sued the state government over the failed hotel quarantine program which unleashed Victoria’s deadly second wave.