Question to the Department for Education:

To ask the Secretary of State for Education, what steps her Department is taking to ensure schools fulfil their legal obligations under school food standards to provide free milk for students with their free school (a) breakfast and (b) meal.

Under the School Food Standards, schools must ensure milk is available to all pupils who want it during school hours, which includes any time during a school session or a break between sessions. Section 512ZB (3) of the Education Act 1996 sets out the requirement that milk must be provided free of charge to pupils eligible for free school meals (FSM). The department does not hold data on the number of children who are not receiving their free milk entitlement through FSM.

Compliance with the School Food Standards is mandatory for maintained schools, academies and free schools.  Governors have a responsibility to ensure compliance and should appropriately challenge the headteacher and the senior leadership team to ensure the school is meeting its obligations. The department is keeping our approach to school food compliance under review.