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FREEDOM TO FEED

Breastfeeding in public: What is the law in the UK?

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MOTHERS who are breastfeeding will often need to feed their baby when out and about.

But is it always OK to breastfeed your child in public? Here we explain what the law says.

 It's perfectly legal to breastfeed in public in the UK
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It's perfectly legal to breastfeed in public in the UKCredit: Getty - Contributor

Do you have to cover up while breastfeeding in public?

Breastfeeding in public is perfectly legal.

In fact, it's protected under the Equality Act 2010 for as long as you wish to breastfeed (there is no age restriction) and covers all public places from parks and leisure facilities, to public transport, shops, restaurants, hotels and cinemas.

Director of Maternity Action, Rosalind Bragg, told BT: "...Some women cover up while breastfeeding, some don’t.

"The law protects women’s rights to breastfeed in public places, but this is not widely known.

"Maternity Action continues to hear from women asked to move on or cover up when they are breastfeeding in public places, often from shops and cafes providing services to families.

"There shouldn’t be a debate whether women should be covered while breastfeeding. People who are uncomfortable with the sight of breastfeeding should just look away.

"Their discomfort is their problem."

According to Citizen's Advice, it is lawful for a service provider (e.g. a restaurant owner) to treat you differently if there are valid health and safety concerns.

They state: "The service provider must reasonably believe there’s a risk to your health and safety if the service was provided to you.

"And it’s only lawful if they would also treat someone with other physical conditions - for example, someone with a back condition - differently for health and safety reasons."

When did breastfeeding in public become legal?

It became legal to breastfeed in public in 2010.

According to the Equality Act, created in the same year, treating a woman unfavourably because she is breastfeeding a child of any age is considered sex discrimination.

A woman cannot be prosecuted for breastfeeding under public decency laws. A mother can ignore people who ask her to stop feeding and she can just carry on.

A survey by Start4Life revealed 72 per cent of people support women breastfeeding in public, and the 2010 act states that it is discrimination to treat breastfeeding mothers differently.

In fact, it's illegal for anyone to ask a mother to leave a public place because she's breastfeeding.

Discrimination includes refusing a service, providing a lower standard of service, or providing a service differently.

If you are discriminated against, Maternity Action recommends first making a complaint to the organisation or service provider.

They advise: "If you cannot resolve the matter you can bring an action in a county court in England or Wales or a Sheriff court in Scotland but you should seek advice as these can be expensive cases to bring.

"You must start the case within six months of the date of the act you are complaining about.

"This time limit will only be extended where it is just and equitable.

"If you win your case the court can order compensation, an injunction or a declaration but if you lose you may be ordered to pay the other side’s legal costs.

"Compensation can include an amount for injury to feelings."

How to cover up when breastfeeding in public?

There is guidance to how mothers can cover themselves whilst breastfeeding on the NHS website.

Some baby slings are designed so you can breastfeed while your baby is in the sling.

Some mums feel more comfortable putting a scarf or muslin cloth over their chest while they're breastfeeding.

 

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