- 3 years ago
Schools minister and East Hampshire MP Damian Hinds has addressed concerns over fair access to free school meals for children with special educational needs.
In an impassioned debate in Westminster Hall on Wednesday, January 10, Labour MP for Liverpool West Derby, Ian Byrne, brought attention to the challenges faced by children with special educational needs (SEN) and disabilities in accessing free school meals.
Mr Byrne, who moved the motion, emphasised that children with conditions like diabetes, epilepsy, and autism were being denied financial assistance, leading families into debt and reliance on food banks.
According to Mr Byrne: "Contact calculates that more 164,000 disabled children are unable to access their free school meals."
Damian Hinds, the Minister of State for Education, responded by acknowledging the importance of nutritious school meals in aiding children's development and learning.
Mr Hinds outlined the government's commitment to free school meals, stating: "We spend over £1 billion a year delivering free lunches to the greatest ever proportion of school children – over a third."
He defended the government's record in extending eligibility, adding: "That change came despite employment being up by millions, unemployment being down by a million."
Hinds addressed concerns about SEN children, emphasising the government's dedication to making reasonable adjustments under the Equality Act 2010.
He assured that schools should tailor their food provision to meet individual needs, saying: "All schools have duties under the Equality Act 2010 towards individual disabled children and young people, and they must make reasonable adjustments to prevent them being put at a substantial disadvantage."
In an impassioned debate in Westminster Hall on Wednesday, January 10, Labour MP for Liverpool West Derby, Ian Byrne, brought attention to the challenges faced by children with special educational needs (SEN) and disabilities in accessing free school meals.
Mr Byrne, who moved the motion, emphasised that children with conditions like diabetes, epilepsy, and autism were being denied financial assistance, leading families into debt and reliance on food banks.
According to Mr Byrne: "Contact calculates that more 164,000 disabled children are unable to access their free school meals."
Damian Hinds, the Minister of State for Education, responded by acknowledging the importance of nutritious school meals in aiding children's development and learning.
Mr Hinds outlined the government's commitment to free school meals, stating: "We spend over £1 billion a year delivering free lunches to the greatest ever proportion of school children – over a third."
He defended the government's record in extending eligibility, adding: "That change came despite employment being up by millions, unemployment being down by a million."
Hinds addressed concerns about SEN children, emphasising the government's dedication to making reasonable adjustments under the Equality Act 2010.
He assured that schools should tailor their food provision to meet individual needs, saying: "All schools have duties under the Equality Act 2010 towards individual disabled children and young people, and they must make reasonable adjustments to prevent them being put at a substantial disadvantage."
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NewsTranscript
00:00 duties under both the Education Act and the Equality Act.
00:03 >> Sir Damien Hines (Liverpool, West Derby) (Lab)
00:07 Thank you, Dr Huck. It is a pleasure to sit with you for the first time, Sir. I congratulate
00:16 the hon. Member for Liverpool, West Derby (Mrs Theresa May) on securing this debate
00:20 on these very important matters, as demonstrated by the oversubscription of this debate this
00:26 afternoon and the number of colleagues on all sides who wish to take part. I thank them
00:31 for their contributions, including the hon. Members for Coventry South, Somerton and Froome,
00:38 Strangford, the City of Durham, Brighton and Hove and Wandsbeck. My hon. Friend the Member
00:45 for Torbay gave a very compelling speech, and my right hon. Friend the Member for North
00:51 East Somerset made a very pissily compelling point in his speech.
00:58 We all agree on the importance of ensuring that all children in school are given the
01:04 best opportunities to thrive. The Government are determined to ensure that every child,
01:09 regardless of their background or circumstances, can get the very best start in life. Today,
01:15 we discuss those who have a special educational need or disability, and colleagues have raised
01:20 a number of striking case studies of individual children and their circumstances and what
01:27 they faced from their constituency case study or, in some cases, from their own personal
01:32 family experience. We support the provision of nutritious food in schools so that pupils
01:39 develop healthy eating habits and can concentrate and learn. Free school meal provision is important
01:47 to this being achieved in schools.
01:50 This Government have extended eligibility for free school meals more than any other
01:54 ever. We spend over £1 billion a year delivering free lunches to the greatest proportion of
02:00 schoolchildren, at over a third. That compares to one in six receiving a free school meal
02:07 in 2010. That changes despite employment since then being up by millions, unemployment being
02:15 down by 1 million, and 600,000 fewer children in workless households. The proportion of
02:21 those in work on low pay has come down substantially since the introduction of the national living
02:26 wage in 2015-16.
02:32 Free school meal provision includes 2 million pupils eligible for benefits-related free
02:36 school meals and a further 90,000 disadvantaged students in further education who receive
02:42 a free meal at lunchtime. In addition, there are 1.3 million further infants in reception
02:49 in years one and two receiving a free meal under the universal infant free school meal
02:53 policy, which we introduced in 2014. This helps to improve children's education, boost
02:58 their health and saves parents about £480 a year.
03:03 We have also introduced extensive protections, which have been in effect since 2018. These
03:07 protections ensure that while universal credit is being fully rolled out, any family eligible
03:13 for free school meals transitioning to universal credit from the legacy benefits will retain
03:18 their entitlement to free school meals, even if they move above the income threshold.
03:24 Pupils are eligible for benefits-related free school meals if they or their parents are
03:28 in receipt of one of the eligible benefits and have submitted a request for meals. Schools,
03:34 parents and colleagues will now have a duty to provide nutritious free meals to pupils
03:38 who are registered with a state-funded school and meet the eligibility criteria for free
03:43 school meals. The provision should be made to eligible pupils either on the school premises
03:48 or at any other place where education of those pupils is being provided.
03:54 There are many pupils with special educational needs and disabilities that meet the eligibility
04:00 criteria necessary for free meals. The latest published statistics show that 41.1% of pupils
04:08 with an education, health and care plan—known commonly as an EHCP—and 37.5% of pupils
04:15 who are on what is known as SEND support were eligible for free school meals provision in
04:20 2023. Similarly, many children with disabilities but not special educational needs will be
04:28 eligible. These rates are higher than the overall proportion of pupils eligible for
04:33 free school meals in England.
04:35 The standard food offering provided by schools will be suitable to the needs of many of these
04:43 children. However, some pupils with additional needs may require special food provision or
04:48 food arrangements. Let me be very clear. All schools have duties under the Equality Act
04:55 2010 towards individual disabled children and young people. They must make reasonable
05:00 adjustments to prevent them from being put at a substantial disadvantage. This means
05:05 that a school cannot treat a pupil unfairly as a consequence of their disability. For
05:10 the provision of school meals, this could lead to schools making reasonable adjustments
05:15 to ensure that eligible pupils could still access their entitlement. For example, a school
05:20 could let a pupil with sensory processing issues go into the dinner hall before other
05:26 pupils, or it could appropriately tailor the meal choices to the pupil's particular needs.
05:33 Schools do these things and are best able to understand the individual children and
05:38 the circumstances of their school.
05:40 Dr Hutt, we have published non-statutory guidance for schools to advise them generally on their
05:45 duties to make reasonable adjustments for disabled pupils and to support them in doing
05:50 so. I note that while schools are not obliged to make such adjustments for pupils who are
05:56 not disabled, many do work with pupils and their families to accommodate a variety of
06:02 needs. Working with pupils to make adjustments to help them access food can, as a couple
06:08 of colleagues have alluded to, also help improve attendance and behaviour.
06:14 Further to this, we encourage schools to work with parents and pupils to ensure that their
06:18 food provision adequately meets a diverse range of needs so that it can be enjoyed and
06:24 benefited from by all.
06:26 >> Karen McCarthy My involvement in this is partly informed
06:36 by constituents writing to me, but also as the aunt of a child with neurodiversity means
06:43 that she has a severely restricted diet, which is basically beige things and chocolate. I
06:48 know that my sister has had huge problems trying to make sure that she gets the right
06:52 support at school.
06:53 I wanted to ask specifically about the Food Standards Agency. As I understand it, it has
06:58 been carrying out a review into schools' compliance with the national school food standards,
07:05 because there is very little information on the extent to which schools comply with those
07:09 standards. Does the Minister see a role for the FSA in looking at whether schools meet
07:14 this criteria and meet the needs of centre pupils in terms of dietary needs?
07:20 >> Nick Gibb Obviously, the quality of school food is
07:26 critical. There are regulations set out that cover not only free school meals in the sense
07:30 of lunches, but all food that is available during the school day—for example, in breakfast
07:35 clubs and tuck shops. I may get inspiration, but I think up to 6pm in the evening for things
07:44 going on during the school day. Those are standards and regulations that are set out.
07:52 When one talks about compliance with regulation, you have to think differently about what is
07:57 done at a system level and with individual children. I do not think it is realistic to
08:03 say that a regulatory agency could look at every individual case of an individual child
08:09 and their requirements in that particular school, but it is very important that we have
08:13 those standards. If the hon. Lady would like, I would be happy to follow up with her separately.
08:22 Which brings me to the point that I have in front of me, which is that, where parents
08:26 do have specific concerns regarding their child, schools' legal obligations are not
08:33 being met. They should be raised with the school in the first instance and subsequently,
08:40 as necessary, with the academy trust or local authority.
08:43 >> The Prime Minister I am grateful to the Minister for giving way.
08:52 It is simply to make the point that the absence of reference in the guidance to the legislation
08:58 results in a situation of conflict so often between parents and families.
09:02 >> Mr Lidington I ask her only to be patient. That is a central
09:06 point that the hon. Member for Leeds, Holborn and St Pancras made, so I need to come on
09:11 to it. I want to be straightforward and clear with the hon. Member for Leeds, Holborn and
09:15 St Pancras. We will update our free school meals guidance to make reference to the reasonable
09:20 adjustments duty that is already set out in non-statutory guidance published by the Department
09:27 of Education elsewhere, in order to heighten awareness about reasonable adjustments, particularly
09:32 as it relates to meal provision among schools, local authorities and families, to support
09:38 local solutions. This should give parents clarity and something to point schools to
09:43 when discussing their child's needs.
09:46 Where pupils have a medical condition that impacts their access to food, section 100
09:53 of the Children and Families Act 2014 places a legal duty on schools to make arrangements
09:59 to support pupils with their medical condition. The accompanying statutory guidance from 2015,
10:05 included in the document Supporting Pupils at School with Medical Conditions, sets out
10:10 that governing bodies must have regard to that guidance when carrying out this duty.
10:14 The guidance makes it clear that schools should ensure that they are aware of any pupils with
10:18 medical conditions and have policies and processes in place to ensure that those conditions can
10:24 be well managed. The guidance is also clear that this includes how the processes will
10:29 be implemented and the potential role of individual health care plans in supporting pupils. The
10:36 guidance is clear that any individual plans should include consideration of "access to
10:42 food and drink" where this is used to manage their condition, and any "dietary requirements".
10:52 Members have also raised the question of whether supermarket vouchers could be provided in
10:57 lieu of meals. The requirements of free school meals are clear, such that eligible children
11:03 should receive their free meal either on the school premises or at any other place where
11:08 education is being provided. In some circumstances, it may indeed be appropriate to provide supermarket
11:15 vouchers to parents in lieu of meals. Equally, in other cases, it may be more appropriate
11:19 for other arrangements to be made, such as food parcels. The exact nature of alternative
11:25 arrangements will depend on individual circumstances and should be determined case by case. It
11:31 is rightly up to schools to decide how this provision should be made. We believe they
11:37 are best placed to understand individual circumstances, their families and their children, and to
11:42 tailor their food provision accordingly. Ultimately, the best and most nutritious option is for
11:49 children and young people to receive a hot and freshly cooked meal at school. This is
11:54 what our policy supports while allowing for alternative arrangements, such as food parcels
11:58 or vouchers, to be put in place where necessary.
12:01 Dr Huck, it is a condition of free school meal eligibility that children are registered
12:06 with a state-funded school. Eligible pupils, including those with special educational needs
12:11 and disabilities, are entitled to receive free meals. Some children are not able to
12:17 attend a school setting on a long-term basis, or sometimes at all, owing to their complex
12:22 needs. It is right that the Government's high-level policy and funding framework leave flexibility
12:29 for local responses to the complex needs of individual children. The Department allocates
12:34 high-needs funding to local authorities to support the education and learning of children
12:39 with special educational needs and disabilities. Local authorities have a wide range of discretion
12:45 over the use of that funding. We strongly encourage parents of children with complex
12:51 food needs to be in touch with their school or local authority to discuss the support
12:56 available to them.
12:57 >> Will you give way?
12:58 >> I will ask the hon. Gentleman to forgive me, because I want to make sure I get through
13:02 and cover the points. If I end up with more than a minute or two at the end, I will try
13:08 to come back to him if that is all right.
13:10 >> We need to allow two minutes for Ian Byrne to conclude.
13:14 >> Which makes it slightly less likely. Let us see how we get on. I am aware that concerns
13:21 have been raised in relation to food provision for the particular group of children we were
13:25 discussing earlier—those with complex needs who are educated otherwise than at school,
13:33 commonly known by the acronym EOTAS. Section 61 of the Children and Families Act 2014 allows
13:43 local authorities to make special educational provision for these children outside a school
13:48 setting. The latest published school statistics show that, as of January 2023, there were
13:56 around 8,000 children and young people receiving EOTAS. Of course, not all of these children
14:01 and young people would qualify for free school meals under the benefits-related criteria.
14:06 We fund local authorities to support these children, and decisions about exactly what
14:11 is included in individual EOTAS packages rightly fall to them. We therefore advise parents
14:17 of children receiving EOTAS to speak with the local authority if they have concerns.
14:22 I note the concerns raised today about food provision for children receiving EOTAS under
14:28 section 61. I can confirm that my Department will review our published free school meals
14:34 guidance on this point, which will be available in the spring. We will of course work closely
14:40 with stakeholders, including parents, to develop the guidance.
14:43 Dr Huck, free meal provision to eligible pupils with SEND is only a small part of the overall
14:50 package of support rightly provided in recognition of the additional challenges faced by these
14:55 children. To illustrate this, funding for mainstream schools and high-needs funding
15:01 for children and young people with complex needs will be over £1.8 billion higher next
15:05 year compared with this financial year. Total schools funding will be £59.6 billion, the
15:12 highest ever in real terms per pupil. Within that, high-needs funding will be over £10.5
15:18 billion in 2024-25, an increase of over 60% from 2019-20. This funding will help local
15:25 authorities and schools with the increasing costs of supporting children and young people
15:29 with SEND.
15:32 In relation to the calls to—I realise I am very short of time. I will come to a conclusion,
15:40 if I may. The main points that the hon. Gentleman wants me to come back to are the questions
15:45 he set out. I can give him reassurance on those points. With a specific question about
15:52 HAF, the Holidays and Activities Fund programme and the breakfast programme, I will ask him
15:57 to give me more information about that, so that I can respond more fully in writing.
16:03 I hope that his main questions about clarifying—not creating new, by the way, this guide that
16:08 already exists—but clarifying and communicating the guidance to schools around reasonable
16:14 adjustments for children with disabilities and to local authorities about reflecting
16:18 the need for food to be considered in packages for OITAS. I hope that he will take some reassurance
16:26 from what I have said. It remains only for me to congratulate and thank him again, and
16:31 all Members who have taken part.
16:32 With a hard stop of when that clock says 19, Iain Byrne.
16:35 I thank the Minister and everybody in the area for speaking in the debate. As I mentioned,
16:43 it was oversubscribed, which would be comfort to all the campaigners and contact themselves.
16:49 I thank the Minister for his response and for agreeing to update the current free school
16:54 meals guidance, which avoids any confusion and makes it quite clear that schools' duties
16:59 to make reasonable adjustments under the Equalities Act. I thank him for his comments.
17:04 I will keep my feet to the fire. I am right here about half way through. Our BDIs will
17:10 be watching the progress of the commitments that you have made, and we will be in constant
17:15 contact on this issue. Thank you very much to everybody.
17:17 The question is that this House has considered the matter of access to free school meals for
17:26 children with special educational needs and disabilities.
17:29 As many of us are of that opinion, say aye.
17:32 Opposed, say no.
17:34 I think the ayes have it.
17:37 The meeting is adjourned.
17:41 [BLANK_AUDIO]
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