Guidance on providing meals for children out-of-school

The Department for Education has updated its Free School Meal guidance for local authorities, maintained schools, academies and free schools, setting out the expectations for councils to make equivalent food provision for children in out-of-school provision.

This is specifically for 'Children receiving education otherwise than at school' (EOTAS).

While no specific provision is made in legislation for free school meals to be provided to children who are in receipt of EOTAS, the updated guidance says that it expects local authorities to consider making equivalent food provision for such children if they were to receive free school meals if they attended a state-funded school.

The second criteria is if the meals would be provided “in conjunction with education and would, in line with the aim of free school meal provision, be for the purpose of enabling the child to benefit fully from the education being provided."

There is also updated guidance on the duty to make reasonable adjustments for disabled children.

The guidance says: "There may also be specific instances where the individual needs of pupils on roll at a school restrict them from accessing meals. This may be as a result of their disability.

"Schools have a duty under the Equality Act 2010 to make ‘reasonable adjustments’ for disabled pupils to prevent them being put at a substantial disadvantage in comparison with pupils who are not disabled."

The guidance continues: "For schools, this includes taking reasonable steps to avoid a disadvantage arising from a provision, criterion or practice applied by them; and, where the absence of an auxiliary aid would give rise to a disadvantage, to take reasonable steps to provide the auxiliary aid.

"This is an anticipatory duty and so schools need to actively consider whether any reasonable adjustments are needed in order to avoid any disadvantage that may otherwise occur."