Free School Meals: Children with SEND

Last month, the Government conceded that free school meals should be provided to eligible children who are unable to attend school due to their special educational needs and have the package of support often referred to as EOTAS—education otherwise than at school. The Secretary of State for Education has said that it may be a breach of article 14 of the European convention on human rights if children receiving state education other than at school are not provided with meals; the Government are therefore preparing guidance for local authorities, which is expected in March 2024, to ensure that local authorities provide access to a meal for those with EOTAS. That really is welcome: it means that almost 2,000 disabled children across England who have been missing out on a free school meal may now get funding for a free lunch from their local council.

I will finish by asking the Minister five questions. First, will he ask his Department to update the free schools meals guidance to make clear to schools, governing bodies and councils that eligible disabled children can be offered a free school meal in the form of a voucher? Secondly, will he update the free school meals guidance so that it clearly references the Equality Act and the duty to make reasonable adjustments? Thirdly, will he write to all schools about the duty to make reasonable adjustments to the way in which free school lunches are provided so that disabled children do not miss out, and will his Department support schools to ensure the provision of appropriate food at school for children with special educational needs and disabilities that caters to their individual needs? Fourthly, will he use this opportunity to confirm to the House his intentions to produce new guidance on free school meals for children with education otherwise than at school, and to set out timescales for that guidance and how his Department will work with parents to co-produce it? Finally, many parents of disabled children have raised the issue that they are unable to access the Government’s breakfast and holiday schemes. Will he commit to meeting campaigners from Contact and addressing this immediately?

We are living in a country where millions of children are suffering from hunger. Our fight for their right to food will continue. The Minister can make a huge difference right now to the lives of over 164,000 children in this country, without any change in legislation. This is such a simple fix. I and so many struggling families hope that he will do the right thing today.

As has been mentioned, in March last year the charity Contact surveyed 1,500 families with disabled children eligible for free school meals. It found that 60% of disabled children could not eat their free lunch because of their health condition, dietary requirements or sensory processing difficulties that made the lunch room off limits; 22% were off school because of a long-term medical condition or illness; 18% were not in school as they had an education package provided by the council, an EOTAS, or were waiting for a suitable school place; and 6% were attending a school without a canteen. Overall, it was estimated that a third of eligible disabled children cannot access the free school meal to which they are entitled, for reasons relating to their condition or disability. As a result, more than 164,000 disabled children are missing out on up to £570-worth of food each year, despite the law stating that reasonable adjustments must be made.

It is also worth noting some of the feedback I received while preparing for this debate. Even where a suitable meal provision is available in a way that can be accessed, the issue persists that children are sometimes offered a very limited choice. One parent who contacted me highlighted how her son ended up getting a jacket potato every day. Yes, it met his dietary needs, and yes, it was nutritious, but being offered the same meal every day was unlikely to provide a varied diet or encourage him to take up the school meal on offer.

We know that meeting dietary needs is not unique to school-age children. We have seen many options develop in recent years to support those with complex dietary needs. There is a range of home delivery services that we can all find on our phones, and there are options to provide vouchers that allow products to be bought from suppliers that are better able to supply something specialist.

I am conscious of time, and I am looking forward to colleagues’ contributions and the Minister’s response. There are some specific points that I would be interested to hear the Minister to cover. First, when he updates the free school meals guidance, will he make sure that it makes clear reference to the duty to make reasonable adjustments? Will he write to all schools to remind them of their duty to make these adjustments? Will he ensure that when the Government publish their new free school meals guidance, it is co-produced with affected families? What options will he encourage schools to consider in order to ensure that a nutritious free school meal that meets the dietary needs of disabled children is available? That does not mean just providing the same meal every day.

I welcome the chance to have highlighted this important issue. I hope the Minister will set out what difference can be made to ensure that those who have disabilities do not miss out on the opportunity of the hot free school meal to which they are legally entitled.

We know that free school meals can be transformational. That is backed up by research that consistently shows that free school meals improve children’s health, concentration, attainment and behaviour. They are a lifeline for families, too, saving them hundreds of pounds each year, reducing stress and saving parents’ time, but it is a gross injustice to give free school meals to some children while those with disabilities are left without.

Research shows that families with disabled children would need a pay rise of £10,000 a year to cover the additional costs they incur. It is these children who need free healthy lunches the most, particularly as the cost of living crisis continues to bite, so it is vital that the Government act to address this cruel inconsistency. That means supporting schools to adjust lunches to meet the needs of disabled kids. It also means offering food vouchers as an alternative, so that where schools cannot provide food suitable for disabled children or where children are not in school because of their disabilities, families are provided with financial support to feed their children.

I want to live in a world where no child goes hungry and no families are left struggling to put food on the table for their kids. That is why I have been campaigning alongside many colleagues for over a year for free school meals for all primary school children. Today’s debate highlights the need not just to widen the entitlement to free school meals, but to make sure that there is more flexibility in their delivery. No child should be missing out just because of their disability, so let us extend free school meals to all children. Let us end the injustice that sees kids like Jordan missing out. Let us ensure that every primary school child across the UK has access to a free, healthy lunch, each and every day.