Free School Meals: Children with SEND

Debate between Damian Hinds and Kerry McCarthy

Wednesday 10th January 2024 Westminster Hall

[The Minister for Schools (Damian Hinds)]

What a pleasure it is to serve with you in the Chair, Dr Huq, I think for the first time. I congratulate the hon. Member for Liverpool, West Derby (Ian Byrne) on securing this debate on an important matter, as demonstrated by the over-subscription of this debate this afternoon. For their contributions, I thank the hon. Members for Coventry South (Zarah Sultana), for Somerton and Frome (Sarah Dyke), for Strangford (Jim Shannon), of course, for City of Durham (Mary Kelly Foy), for Brighton, Kemptown (Lloyd Russell-Moyle) and for Wansbeck (Ian Lavery). My hon. Friend the Member for Torbay (Kevin Foster) gave a compelling speech, and my right hon. Friend the Member for North East Somerset (Sir Jacob Rees-Mogg) made a compelling and pithy point in his speech.

We all agree about the importance of ensuring that all children in school are given the best opportunities to thrive, and the Government are determined to ensure that every child, regardless of background or circumstances, can get the very best start in life. Today, we discuss those who have a special educational need or disability, and colleagues have raised several striking case studies of individual children and their circumstances from their constituency case load or, in some cases, from their personal family experience.

We support, of course, the provision of nutritious food in schools so that pupils develop healthy eating habits and can concentrate and learn, and free school meal provision is important to that being achieved in schools. This Government have extended eligibility for free school meals more than any other. We spend over £1 billion a year delivering free lunches to the greatest ever proportion of school children—over a third. That one in three compares with the one in six who were receiving a free school meal in 2010. That change came despite employment being up by millions, unemployment being down by a million, 600,000 fewer children being in workless households, and the proportion of those in work on low pay coming down substantially since the introduction of the national living wage in 20215-16.

Free school meal provision includes 2 million pupils who are eligible for benefits-related free school meals and a further 90,000 disadvantaged students in further education who receive a free meal at lunch time. In addition, a further 1.3 million infants in reception and years 1 and 2 receive a free meal under the universal infant free school meal policy, which we introduced in 2014. That helps to improve children's education and boost their health, and it saves parents about £480 a year. We have also introduced extensive protections, which have been in effect since 2018, to ensure that while universal credit is being fully rolled out, any family eligible for free school meals transitioning to universal credit from the legacy benefits will retain their entitlement to free school meals, even if they move above the income threshold.

Pupils are eligible for benefits-related free school meals if they or their parents are in receipt of one of the eligible benefits and have submitted a request for meals. As colleagues will know, schools have a duty to provide nutritious, free meals to pupils who are registered with a state-funded school and meet the eligibility criteria for free school meals. The provision should be made for eligible pupils either on the school premises or at any other place where education of those pupils is being provided.

There are, of course, many pupils with special educational needs and disability status that meet the eligibility criteria necessary for free meals. The latest published statistics show that 41.1% of pupils with an education, health and care plan—known commonly as an EHCP—and 37.5% of pupils who are on what is known as SEND support were eligible for free school meals provision in 2023. Similarly, many children with disabilities but not special educational needs will be eligible, and those rates are higher than the overall proportion of pupils eligible for free school meals in England.

The standard food offering provided by schools will, of course, be suitable to the needs of many of these children. However, some pupils with additional needs may require special food provision or arrangements. Let me be very clear: 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. That means that a school cannot treat a pupil unfairly as a consequence of their disability.

For the provision of school meals, that could lead to schools making reasonable adjustments to ensure that eligible pupils could still access their entitlement. For example, a school could let a pupil with sensory-processing issues go into the dinner hall before other pupils, or it could appropriately tailor the meal choices to the pupil’s particular needs. Schools do, of course, do those things and are best able to understand the individual children and the circumstances of their school.

We have published non-statutory guidance for schools to advise them generally on their duties to make reasonable adjustments for disabled pupils and to support them in doing so. I would also note that, while schools are not obliged to make such adjustments for pupils who are not disabled, many do work with pupils and their families to accommodate a variety of needs. Working with pupils to make adjustments to help them access food can, of course, as a couple of colleagues have alluded to, also help to improve attendance and behaviour. Further to that, we encourage schools to work with parents and pupils to ensure that their food provision adequately meets a diverse range of needs, so that it can be enjoyed and benefited from by all.

[Kerry McCarthy (Bristol East) (Lab)]

I thank the Minister for giving way. My involvement in this is partly informed by constituents writing to me, but also as the aunt of a child whose neurodiversity means that she has a severely restricted diet, which is basically beige things and chocolate. I know that my sister has had huge problems in trying to ensure that she gets the right support at school, but I wanted to ask specifically about the Food Standards Agency. As I understand it, the FSA has been carrying out a review into schools’ compliance with the national school food standards, because there is very little information on the extent to which schools do comply with those standards. Does the Minister also see a role for the FSA in looking at whether schools meet that criteria and are actually meeting the needs of SEND pupils in terms of dietary needs?

[Damian Hinds]

Obviously the quality of school food is critical, and regulations cover not only free school meals, in the sense of lunches, but all food that is available during the school day—for example, in breakfast clubs that schools provide and even in tuck shops. I may get inspiration, but I think the standards cover up to 6 pm in the evening for things going on during the school day.

When one talks about compliance with regulations, one has to think differently about what is done at a system level and for individual children. Candidly, I do not think that it is realistic to say that you could have a regulatory agency that was looking at every individual case of individual children and their requirements in that particular school, but it is important that we have those standards. If the hon. Lady would like, I would be very happy, of course, to follow up with her separately.

That, in fact, brings me on to the point that I have in front of me, which is that, where parents do have specific concerns that a school’s legal obligations regarding their child are not being met, those should be raised with the school in the first instance, and subsequently, as necessary, with the academy trust or local authority.

Oral Answers to Questions

Debate between Damian Hinds and Kerry McCarthy

Tuesday 28th March 2023 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

10. What steps he is taking to reduce probation officer case loads.

[The Minister of State, Ministry of Justice (Damian Hinds)]

We have injected extra funding of more than £155 million a year to deliver more robust supervision, recruit thousands more staff, and reduce case loads to support the vital work of the probation service in keeping the public safe.

[Kerry McCarthy]

I thank the Minister for that response, but it does not really accord with what I have been told by probation officers, which is that they are overworked, underpaid and feel undervalued, and that the service is haemorrhaging staff. There are also an awful lot of people off sick. What impact does he think that will have on efforts to make sure that offenders do not go on to reoffend, and that we do not have a crime wave on our streets because we are simply not putting the resources into the probation service that could help prevent that?

[Damian Hinds]

I join the hon. Lady in paying tribute to the men and women who work in the probation service for the absolutely vital work that they do tirelessly. It is very important that we make sure we have the right levels of staffing; I can report to her that in calendar year 2022, the number of staff in post rose significantly, from 17,400 to 18,600. In her own area of the south-west, covering Bristol, we had 210 joiners for the year, but it is obviously very important that as those people come through, we carry on having the pipeline of talent coming in. It is also very important that we are investing suitably in senior probation officers for their oversight, which we are doing.

Oral Answers to Questions

Debate between Damian Hinds and Kerry McCarthy

Tuesday 21st February 2023 Commons Chamber

[Damian Hinds]

That is a multifaceted question; I do not think I will do justice to all of it, but there were a number of very important points. The hon. Gentleman is absolutely right about care leavers. We are very conscious of the prevalence of care leavers in the system. Of course, we do not always know exactly, because it depends to some extent on self-declaration and not everybody wants to do that, so we have to be very conscious of that. I am also very conscious of people who leave the youth offending estate who may be going back into it. That is another thing we need to look at. I am slightly puzzled by his focus on AS-levels. As he will know, the whole landscape has changed, away from the AS and A2 system and towards a more linear programme of study—that is nothing to do with prisons; it is the general education system. But he is absolutely right about the centrality of education, which is why we have such a focus on literacy, numeracy and, increasingly, IT skills, as well as crucial vocational qualifications.

[Kerry McCarthy (Bristol East) (Lab)]

A company in my constituency called LettUs Grow, working with HM Prison Hewell in Worcestershire, is introducing prisoners to vertical farming, which is an excellent way of not only growing food for the prison but teaching prisoners new skills. However, it is disturbing to note that many prisons are doing less in the way of food growing and involvement in farming. Is the Minister planning to roll out this pilot to other prisons?

[Damian Hinds]

We are, in fact, introducing more variety of employment in prisons, but I want to see that go even further. One of the advantages of urban vertical farming is the fact that, for obvious reasons, it takes up less space than traditional farming. There are, of course, limits to what can be grown in that way, but the hon. Lady has made an interesting point that we shall no doubt have an opportunity to discuss further.

Probation Service: Chief Inspector’s Reviews into Serious Further Offences

Debate between Damian Hinds and Kerry McCarthy

Tuesday 24th January 2023 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

I want to ask something specific about the statement. The Minister said that

“senior probation officers must now record why they have allocated a case to a particular probation officer”.

That must include evidence of, among other things, the “experience and workload” of the probation staff member taking it on. Is that not predicated on the idea that there are plenty of staff to choose from who have the experience and are not swamped by their workload? He also talked about the plan to recruit a further 1,500 trainee probation officers by March this year. It is 24 January, and he said that the graduate market was very difficult, so I simply do not understand how he intends to do that.

[Damian Hinds]

On the first point, the hon. Lady is right about the need to manage workloads and ensure they are reasonable. That is very closely linked to her second question. I did not mean to imply that the 1,500 people were going to be recruited between 24 January and 31 March. It is within the planning year or the fiscal year. Government years, like company years, tend to run 2020-21, 2021-22 and so on. We are now in the year 2022-23, which will end at the end of March, so we expect the figure to be 1,500 for the year ending March 2023. I hope that that clarifies the point.

Prison Capacity

Debate between Damian Hinds and Kerry McCarthy

Wednesday 30th November 2022 Commons Chamber

[Damian Hinds]

I commend my hon. Friend and thank him for everything that he did while he was prisons Minister at the Ministry of Justice, where he is much missed. He is right to identify both the short-term and long-term programmes that are needed, and I agree with him entirely about the value of long-term planning.

[Kerry McCarthy (Bristol East) (Lab)]

Way too many people who are seriously mentally unwell are still being held in prison. I know that Government guidance is that they should be moved to secure hospitals when they have been assessed as needing hospital treatment within 28 days, but that is simply not happening, so they are getting more ill, which is possibly putting their lives at risk, and that makes prisons far harder to govern. Will the Minister assure me that those people will not be among those being held in the 400 police cells and that we can accelerate the transfer out of prison of people who need to be in hospital?

[Damian Hinds]

The hon. Lady made two important points. First, there is quite rightly screening and prioritisation to do with individual characteristics, including individual risks, when considering where people will go and who might be in the relatively small group of people going to a police cell. Of course, there is prioritisation, with those with underlying mental health issues or perhaps at risk of self-harm going straight to prison. On transfer from prison to secure hospital and the 28-day guidance, as she will know, that will become a statutory right subject to reform of the Mental Health Act 1983 passing through its stages in the House, which is important.

Oral Answers to Questions

Debate between Damian Hinds and Kerry McCarthy

Tuesday 22nd November 2022 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

11. If he will take steps with prisons to estimate the number of children affected by parental imprisonment.

[The Minister of State, Ministry of Justice (Damian Hinds)]

Yes, I certainly will. I agree about the effects that parental imprisonment has, and I certainly agree that it is important to understand the number of children this affects.

[Kerry McCarthy]

I thank the Minister for that response. I have previously had meetings with former Justice Ministers, Children’s Ministers and so on. We absolutely need this data because we think there could be hundreds of thousands of children affected over the years. Not only is it really traumatic for them, but it puts them at risk themselves. Once we have the data, we can look at support services, but may I urge him to do what he can to work with prisons, schools and local authorities to try to make sure there is a comprehensive database?

[Damian Hinds]

I agree. I have spoken to one of my predecessor Ministers—my hon. Friend the Member for Louth and Horncastle (Victoria Atkins)—about the conversation she had with the hon. Lady. I was also reading with interest the hon. Lady’s speech in Westminster Hall the other day, and about the work of the charity Children Heard and Seen. She is absolutely right that the first step and the basis has to be the data, and there is important work under way, including changes to the basic custody screening process, and then the big cross-Government project called “Better Outcomes through Linked Data”, and we will continue to work hard on that.