Question to the Department for Education:

To ask the Secretary of State for Education, with reference to the guidance entitled Free school meals: guidance for schools and local authorities, published on 31 January 2023, if she will publish revised guidance with information on the provision of free school meals for children with special educational needs and disabilities.

There are many pupils with Special Educational Needs and Disability (SEND) status that meet the eligibility criteria necessary for free school meals (FSM). The latest published statistics show that 41.1% of pupils with an Education, Health and Care plan and 37.5% of pupils on SEND support were eligible for FSM 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 FSM in England.

The standard food offering provided by schools will be suitable to the needs of many of these children. However, some pupils with additional needs may require special food provision or arrangements. 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 because of their disability.

The department will update its published guidance on FSM to make reference to the reasonable adjustments duty in order to heighten awareness about reasonable adjustments, such as meal provision, amongst schools, local authorities and families. This guidance will be made available in spring 2024.