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Legal Update: In a nutshell - Provision of free school meals

The government has reiterated its commitment to the provision of free school meals to all children aged between five and seven.

In September 2013 the government announced that free school meals would be introduced for all children in reception, year 1 and year 2 (for children aged five, six and seven) from 2014. This policy was broadly welcomed by many organisations and professionals. The funding for universal infant free school meals, which costs about £600m per year, is not ringfenced and the Department for Education recently indicated that the programme could be cut in the Chancellor's November Spending Review. Although not a definitive guarantee of its continuation, the Conservative manifesto commits to supporting families "by providing free meals to all infants' and David Cameron has emphasised that he "is committed to free school meals in England".

What are free school meals?

Schools are legally required to provide free school meals to eligible children that comply with the School Food Standards, which are intended to ensure that children get the nutrition they need across the whole school day. Pupils should routinely be offered a hot meal option at lunchtime. They are worth on average about £10 per week per child, and it is estimated they would save parents around £400 a year.

Which children are currently eligible?

Since September 2014 all pupils in reception, year 1 and year 2 in state-funded schools in England should be offered a free school meal under the scheme. This includes academies, free schools, pupil referral units and alternative provision as well as maintained schools.

Free school meals are also available to children whose parents receive certain benefits. These benefits are: income support, income-based jobseeker's allowance, Income-related Employment and Support Allowance, support under Part VI of the Immigration and Asylum Act 1999 (section 95 support), the guarantee element of state pension credit, child tax credit (provided that you are not entitled to working tax credit and your annual income as assessed by HM Revenue and Customs is £16,190 or less), working tax credit "run-on" (the payment you receive for a further four weeks after you stop qualifying for Working Tax Credit) or Universal Credit.

Children who get any of the above benefits in their own right (i.e. they get benefits payments directly, instead of through a parent or guardian) can also get free school meals.

Children under the compulsory school age who are in full-time education may also be able to get free school meals.

Has the scheme been successful?

While some schools faced difficulties implementing the new scheme, due to not having the appropriate kitchen or dining facilities in place, the government reported in 2014 that more than 1.6 million children aged between five and seven had taken up the offer of free school meals after it was introduced in England's 16,500 primary schools. A number of schools have called for more funding to enable them to implement the scheme successfully.

What is the relationship between free school meals and the pupil premium?

The pupil premium was introduced in April 2011. It is additional funding for publicly funded schools in England to raise the attainment of disadvantaged pupils and close the gap between them and their peers. Pupil premium funding is available to local authority maintained schools, including special schools and pupil referral units; voluntary sector alternative provision, with local authority agreement; special schools not maintained by the local authority; and academies and free schools.

Schools receive the pupil premium, (currently £1,320 for pupils in reception to year 6 and £935 for pupils in years 7-11) for each pupil on the roll who has been registered as eligible for free school meals at any point in the last six years.


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