Question to the Department for Education:

To ask Her Majesty's Government whether schools are allowed to provide different food to those in receipt of free school meals compared to other pupils; whether children of immigrant parents whose passports are stamped “no recourse to public funds” are entitled to free school meals if the family income would otherwise qualify; and whether children of asylum seekers are entitled to free school meals.

Compliance with the attached School Food Standards is mandatory for all maintained schools. We also expect all academies and free schools to comply with the standards, and since 2014, we have made this an explicit requirement in their funding agreements. All meals provided must meet the School Food Standards.

It is not acceptable for schools to stigmatise pupils by limiting choice for free school meal pupils at lunchtime. The vast majority of schools and caterers already make use of cashless systems and other methods to ensure that children who are eligible for free school meals are not identified separately.

Free school meals are available to disadvantaged families in receipt of certain qualifying benefits. Decisions as to whether immigrants or refugees have recourse to public funds are made by the Home Office. Those granted refugee status can access full mainstream benefits, and asylum seekers receiving support under Part VI of the Immigration & Asylum Act (1999) are also entitled to free school meals.

The Home Office is able to exercise discretion to grant recourse to public funds where the family would otherwise be destitute. Where this entitles the family to receive certain benefits they may also be able to claim free school meals.