Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Legal advice needed please - school policy on babies attending events (Long, sorry)

28 replies

greenbeanie · 19/05/2011 17:45

Would be really grateful if someone could give me some legal advice. The primary school that my ds's attend has a policy of not allowing "pre-school" children attend school performances/assemblies. In December last year I contacted the school to check that it was ok to bring my then 3 week old daughter to my son's school performance (which was in the morning and lasted approx 25mins). I was told that I couldn't as no other children were allowed. I stated that I would remove myself and her from the hall if any noise was made. I was told that this wasn't good enough as some parents would not do that and my daughter had the potential to be very disruptive!!

i managed to arrange for someone to look after her (I have no family nearby) but returned to find that she was upset and hungry - she is fully breastfed and at that age I had no was of telling when a feed was due.

Anyway it has since come to my attention that the Equality Act 2010 which came into force in October 2010 protects the status of breastfeeding mothers and their babies upto the age of 26 wks. My understanding is that descriminating against breastfeeding mothers is akin to descriminating on grounds of race, gender or religion.

I want to try and get the school policy changed so that other mothers don't have to go through what I did. I wrote a letter to the Head teacher, chair of governors and LEA. The response has been that the policy is not changing as they are not descriminating specifically against breastfeeding mothers but all parents as no one is allowed to take their child in. From my understanding this is wrong due to the "special" status offered to women upto 26 wks postpartum particularly if breastfeeding.

Don't know what to do now. Thank you if you have managed to read this far, if anyone knows anymore about this I would be really grateful.

OP posts:
Bucharest · 19/05/2011 17:54

No-one was stopping you breastfeeding though were they?

Sorry, but I doubt you'd have a leg to stand on.

(I'm not unsympathetic, and I'm sure you would have taken her out, as I'm also sure that she would probably just have slept for most of it at that wee age, but you have to consider the multitudes who would just let their older children run riot and spoil it for everyone else, I saw it myself at dd's nursery shows.)

GypsyMoth · 19/05/2011 18:14

so its 25 mins once a year?

meditrina · 19/05/2011 18:23

I'd be interested in the proper legal response to this, as it doesn't sound to me as if you have a valid argument here. You were not excluded from a place or event because you were breastfeeding. All babies (whether BF or FF) were excluded.

GypsyMoth · 19/05/2011 18:25

anyone could get round this and 'pretend' to be bf too

Northernlurker · 19/05/2011 18:27

Hang on though - just because they exclude all children that doesn't mean they aren't discriminating. The policy means that you weren't allowed to take your baby in and becaues you were breastfeeding that had particular consequences for you and your child which the law seeks to avoid.
I would contact your MP and see what their take is on it. I would also seek to gather the views of other parents. If they would like to bring young children and take them out if needed then that adds weight to your arguement.

Bucharest · 19/05/2011 18:30

But they would just say she should have left to feed the child? That would be like arguing a over-21 entry nightclub was descriminating against someone who wanted to breastfeed their baby in that particular place but couldn't because they weren't allowed to take their baby in in the first place!

elphabadefiesgravity · 19/05/2011 18:45

I think that it is wrong but I doubt you have any legal redress.

In that instance I would be removing my older child from that particular event.

Didyouever · 19/05/2011 19:11

After attending many a school play disrupted by small children I can see the schools point.

You may leave but other parents wouldn't.

This does sound petty.

Original poster
greenbeanie · 19/05/2011 19:21

Thanks for your replies. I just wondered what the situation was in terms of interpreting the Equality act as it seems to imply that there is a particular protected status afforded to mothers with breastfed babies under 26 wks. i'm not after any legal redress just a change in the school policy so that mothers can attend with young babies and not have to make the decision to either leave them or not attend the performance.

From talking to other parents I have not yet come across anyone who would object to siblings being taken in and most really struggle to find childcare for the numerous assemblies and performances.

I also know that Essex LEA has changed it's policy with regards to the attendance of babies under 26 wks at school performances/assemblies in order to comply with the Equality act.

OP posts:
jeee · 19/05/2011 19:24

You are likely to have issues at some point in your child's school life which are rather more important that this. I'd save my fire for those, rather than get a reputation as 'that sort' of parent over something that really doesn't matter in the grand scheme of things.

And yes, I've had to miss school plays because of this rule, too.

Finallygotaroundtoit · 19/05/2011 19:34

I hate it when babies and children are banned from anything particularly school events.

(Incidently I had never even heard of child free weddings before I came on MN, a complete shock to me that anyone would even contemplate it Shock)

Every community gathering should have a background noise of young children gently chuntering IMO - they are part of society ffs. Tolerance breeds good behaviour.

Although I think the school's policy is wrong and sad I don't think they discriminated against you as a bf mum but good luck with trying to get them to see reason

fivegomadindorset · 19/05/2011 19:39

I believe that the Act refers to allowing women to breastfeed in public, not to the right of letting them in the business in the first place, so no legally IMO you do not have a case.

madwomanintheattic · 19/05/2011 19:48

legal advice?

and to think that some people think mners have an entitlement complex, eh?

i am a staunch bfer. i've juggled a good number of babies to stop them squawking at primary school assemblies/ awards/ nativities.

and i am thankful for whoever made the brilliant decision that in the main, pre-schoolers and tiny yr r voices weren't a good mix. pre-schoolers and babies don't care whether jessica in yr 1 has three words to say, has been practising for a month, and then no-one hears her because a baby is screaming. jessica's parents (and most of the other parents there) do.

legal protection for the right to take a pre-schooler to a primary school play?

haha. haha. haha.

for the sake of 25 minutes, feed em before, and feed em straight after. i'm sure that your child in the play would be grateful that you devoted 25 minutes solely to them. it's just 25 minutes. probably the only 25 minutes they'll get with your undivided attention for years.

madwomanintheattic · 19/05/2011 19:49

weddings should have lots of children.
school plays should only have the ones on the stage. the littler ones upstage them. Grin

Goblinchild · 19/05/2011 19:54

How about the school having a line of soundproof bins.
So anyone can bring a child into a performance, with the understanding that the instant the Beloved Fruit Of Your Loins starts disrupting a performance others have worked for weeks or months to produce, said Fruit is popped into a bin for the rest of the performance. There could be an uncaging fee, linked to the type of disruption and the age of the child.

cazzybabs · 19/05/2011 19:59

it is a school ... it is a head teacher who makes these things up (sometimes with the guidance of the LA) - she is a teacher not a lawer.

I too am a staunch bf but I am afraid I would have got someone to video it if I couldn't leave the baby or have someone else walk her up and down outside

MrsTeddy · 19/05/2011 21:35

The key element of discrimination is being treated differently because of the given characteristic, e.g. race, religion, sex. You are not beng treated differently to anyone else, no one else was allowed to take their 3 week old either. In fact if they had allowed you to take your 3 week old they would be discriminating against other people, e.g. a father who wanted to take his baby but is clearly unable to breastfeed it. So they are on safer ground by not allowing it at all, tbh.

mumblechum1 · 19/05/2011 22:20

I think you should be using your energies to get the school to organise a creche which is what ds's primary used to do. It was great for parents' evenings too.

sneezecakesmum · 19/05/2011 23:06

Unless this has been tested in the civil courts you are fighting against a rule which is open to interpretation. Your option (v. expensive ) it to take it to court to force them to allow breastfeeding.
The schools argument is that they are not preventing you personally from breastfeeding on school premeses, but they are preventing parents from bringing all small children to specified school functions. They are not banning the breastfeeding but banning the children.

If you were looking round the school for a pre school child and just had the baby with you they would be unable to object.

senua · 19/05/2011 23:13

Seriously, OP?
Hmm

cece · 19/05/2011 23:17

All the money the school spends on laywers fees to defend this will have to come from somewhere won't it?

For a 25 min school play?

You'd rather you could take a baby to a play than have lovely new reading books or an extra member of teaching staff? Hmm

I am a strong supporter of BF but think you need to pick your battles. Feed the baby before you leave it and as soon as you get back. Sit back and enjoy the play and the fact that you have a good chance of hearing what the children are saying without the noise of babies and toddlers to spoil it.

cat64 · 19/05/2011 23:19

This reply has been deleted

Message withdrawn

EdithWeston · 19/05/2011 23:24

I also agree with madwomanintheattic.

Especially her example of poor Jessica having her big moment ruined.

(I like goblinchild's idea of soundproof bins, but all small children would have to be checked in before the performance starts - once the noise begins, it's too late for the interrupted/distracted/upset performers, and also the potentially ruined official recording).

BettyBloomfield · 24/05/2011 21:59

I have missed many a speech (ok.... 5 words) uttered by my beloved DC because of a screaming small child sat behind me.

I know it seems draconian banning babies and pre schoolers but it does mean you here the other children - they get your focus which is a good thing

BettyBloomfield · 24/05/2011 21:59

hear...

Swipe left for the next trending thread