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Infant feeding

Get advice and support with infant feeding from other users here.

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Original poster

What is the law regarding bf in public places?

97 replies

AnnVan · 30/01/2009 12:33

A lady from my bf group told me yesterday that she was in a supermarket, and had to feed her 4 month old. She sat on a bench out of the way to feed. Her breast was not exposed, but a staff member (with a security guard in tow) came and told her to use the feeding room (it's a tiny cubicle with an uncomfy chair in a room that STINKS of pee) She stated that it smells, and we wouldn't want to eat in a toilet so why should her baby have to? She was told that she could either stop feeding and leave or use the 'feeding room'. She bundled her screaming baby into the pram and left.

What is the law about this? It seems really cruel to force her to leave, as no one would stop a ff mum from giving her baby a bottle in public. We want to complain to the supermarket, but I thought it would be best to find out where we stand first.

OP posts:

tiktok · 01/02/2009 15:13

VS - ?????

It is explicitly illegal to ask a mother to stop bf or to harrass her in any way for bf, in Scotland, and I think there is (sadly) an age limit to this of (I think) 2 years.

It is not illegal to breastfeed anywhere you want to, whatever age the child, anywhere in the UK....just that mothers in Scotland have additional protection against harrassment.

VictorianSqualor · 01/02/2009 15:23

I thought it was 6 months or is that just the sexual discrimination law?

VictorianSqualor · 01/02/2009 15:26

And the trespass thing isn't just relevant to breastfeeding, it's relevant to anything.
The owner/manager of a store can ask you to leave if you are trespassing at any time. If you enter a store to use the toilet for example, or to get out of the rain, it's rare they will, but legally, they can.
Trespass is based on whether or not you are allowed to be somewhere. In a store you have assumed permission as long as you are there with the intent to purchase or are considering purchasing something.

StealthPo09IsHere · 01/02/2009 15:37

iswym vs, thanks

ilovemydogandMrObama · 01/02/2009 15:48

Common law stipulates that anything is legal unless deemed illegal (by statute).

So, yes, a person is allowed to go onto private premises by licence of the owner and once that licence is withdrawn, potentially it could be a trespass.

But honestly, if one calls up the police and says that a woman is breastfeeding and trespassing, am fairly sure there wouldn't be a rush to get there....

Indecency via Public Order Act? Terrorism Act is quite popular at the moment

VictorianSqualor · 01/02/2009 16:00

All depends what they say.
If someone calls the police and states that a group of people are causing a scene and refusing to leave then it's possible the police might turn up.

VictorianSqualor · 01/02/2009 18:13

Here you go. It is only illegal to stop a mother breastfeeding in England and Wales up to the age of six months, under the maternity clause of the sexual discrimination law. It is 2 years under the separate law in Scotland though.

iamaLeafontheWind · 01/02/2009 18:32

In that case be quick cos I've only got a week left before DD is 6 months.

VS by the time i've done normal shopping DD will probably want feeding, so I will have gone there with the intent to shop so not trespassing but in the knowledge that BF would be likely. Does that make it ok?

VictorianSqualor · 01/02/2009 18:56

It's not illegal to breastfeed in a store, it just is legal for them to ask you to leave at any time, if you refuse you become a trespasser.

It's dependent on store policy/manager etc whether anything will be said anyway.

Basically if you are in the store after finishing shopping or browsing then if they ask you to leave they are allowed to do so. (If you're sat in their cafe drinking a cup of tea though you are using their offered services, so not trespassing iyswim)

Basically the law covering your home is the same for other private property so if you invite someone into your home they are not trespassing, if you then ask them to leave, you remove permission and they are trespassing.

ShowOfHands · 01/02/2009 20:01

Still, the police wouldn't use trespassing legislation would they as it's civil legislation?

DH is also a copper and I just asked him what he'd do in this situation and he said he'd diplomatically tell the store to grow the feck up. He is married to an extended bfer though and is extremely pro bfeeding rights.

He said any criminality would be extremely difficult to prove!

All this over feeding a baby. Weird world, hey?

VictorianSqualor · 01/02/2009 20:27

Like I said earlier, it's down to the Officer dealing with it. (DP agrees with your DH btw)

Although it is civil legislation if the police were called they could still make people leave, just as the sexual discrimination law is civil legislation but if you were to mention it at the time (obviously the police may not know that it's sexual discrimination before 6 months under the maternity bit) then the police would have to deal with that accusation too.

Bubbaluv · 01/02/2009 20:41

VS, I think the 6 month thing was cleared up earlier in TikTok's link.
You are covered up to 6months by one part of the legilation and by another thereafter, so bf at all ages is covered.
It is V confusing though and hence the need for the new legislation.

tiktok · 01/02/2009 20:51

VS, you're wrong, sorry.....I know it's confusing, but please check my earlier link to the page where govt minister Barbara Follett clears it up, and lists the legislation that protects mothers outside Scotland.

I agree - we need a clearer law to prevent these misunderstandings.

VictorianSqualor · 01/02/2009 21:03

Ah, just read it.
But the whole trespass thing is still relevant whatever the sexual discrimination law is, especially as both are civil. The police are taught trespass, they are not taught sexual discrimination.
If someone wants a person or persons to leave private property they can call the police and ask for them to assist.
It may be sexual discrimination to ask them to do this on the basis of breastfeeding (just as it would be under racial if it was based on race) but it is all dependent on the situation at the time and what was said by the person requesting police assistance.

Bubbaluv · 01/02/2009 21:13

I had your back there TikTok
VS, I agree the police are unlikely to be particularly likely to be well informed about the legislation surrounding this issue.
Would you think it would be helpful if the ladies involved in this protest printed out and carried a copy of the letter in TT's link to show the police if they are called?

VictorianSqualor · 01/02/2009 23:20

I think it would be a fabulous idea
Along with anything they can find in relation to the company's stance on breastfeeding.

solo · 01/02/2009 23:53

I'm still confused(a bit). My Dd is 25 months, so am I legal or illegal in bfing her in Morrison's?!

skramble · 01/02/2009 23:59

Not read anyother posts, but DEF no illegal, the shops policies can make it eaqsier or harder to feed but in no way can it be seen as illegal!!!

VictorianSqualor · 02/02/2009 00:44

Breastfeeding her is not illegal anywhere.

This is covered by the sexual discrimination law in England/Wales. It does cover all ages, but there is extra that backs up the law for up to six months.

If someone asks you to leave their store (or any other private property) it has to be under the 'offence' of trespassing but this is hard to prove and you can challenge them on the grounds of sexual discrimination if they ask to to leave because of breastfeeding.

In Scotland it is an illegal offence to harrass a breastfeeding mother so their law is stronger.

solo · 02/02/2009 17:17

Thanks VS. Got it! til my brainfog mists it up again...

BlueSapphire77 · 04/02/2009 07:51

Pfft

I feed my DS anywhere and everywhere
If he's hungry and-very-often-is-you-should-see-my-poor-nips lol

If anyone told me to move/leave/stop they would be confronted by a very angry 6ft 4 woman with a baby dangling off one of her boobs, trust, they would be more embarrassed than i would be, and i can hazard a guess at who would back down first and it wouldn't be me

TinkerBellesMumandFiFi2 · 04/02/2009 17:34

There was a post on the "Hey Facebook..." group from a policeman. He said someone pointed at a breastfeeding mother and said "do something" his answer was "Why? I think the mother is perfectly capable without my help!"

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