Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether his Department issues guidance to judges in family courts on the importance of breastfeeding to child health and well-being.

To preserve the independence of the judiciary, the Lord Chief Justice, Senior President of Tribunals and Chief Coroner have statutory responsibility for judicial training, under the Constitutional Reform Act 2005, Courts and Enforcement Act 2007, and Coroners and Justice Act 2009 respectively. These responsibilities are exercised through the Judicial College. The Lord Chief Justice is responsible for issuing guidance to the courts judiciary in England and Wales, and for the provision of its training, which is delivered by the Judicial College.

The Judicial College issues regularly updated guidance through the Equal Treatment Bench Book (ETBB), which is made available to all judicial office holders. Chapter 6 of the ETBB provides guidance on breastfeeding, and recommends consideration be given, and suitable provision be made for any breastfeeding or expressing mothers appearing in court, whether they are parties, witnesses, or representatives. Appendix A of the ETBB also includes guidance on how the provisions in the Equality Act 2010 in maternity and pregnancy discrimination may relate to breastfeeding.

The latest version of the ETBB is available on: https://www.judiciary.uk/wp-content/uploads/2023/06/Equal-Treatment-Bench-Book-April-2023-revision.pdf.

As justice is devolved in Scotland, any questions relating to courts across its jurisdiction may be directed to the Scottish Government.