Families of disabled children in 'battle' for access to free school meals

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The issue is causing families to get into debt and turn to foodbanks (Image: Humphrey Nemar.)
The issue is causing families to get into debt and turn to foodbanks (Image: Humphrey Nemar.)

Families of disabled children are "battling" for access to free school meals despite them being eligible.

Labour MP Ian Byrne, who led a Westminster Hall debate in Parliament on the issue today, said "access to food is a basic human right". He said schools "were not complying with equality law" as analysis shows more than 100,000 eligible disabled children are unable to access the free school meals they are meant to receive.

Mr Byrne said "families should not have to face this battle" as he called on the Government to update its free school meals guidance. "It must be made clear that schools and councils need to provide an alternative, ideally a supermarket voucher, to disabled children who can't access a free school meal in the regular way," he said.

Disability charity Contact has calculated that more than 100,000 eligible disabled children are unable to access a free lunch at school in the regular way. Children with conditions such as diabetes, epilepsy and autism are subsequently missing out on the equivalent of £570 a year of financial help. This is causing families to get into debt and turn to foodbanks, it said.

Research carried out by Contact in March 2023 found that 60% can’t eat school meals due to their health condition, dietary requirements or sensory processing difficulties, while 22% are off school due to a long-term medical condition or illness.

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After listening to MPs debate the issue, Schools Minister Damian Hinds said "some pupils with additional needs may require special food provision or food arrangements", adding: "All schools have duties under the Equalities Act 2010 towards individual, disabled children and young people. They must make reasonable adjustments to prevent them being put at a substantial disadvantage."

But he admitted more could be done, saying: "We will update our free school meals guidance to make reference to the reasonable adjustments duty that is already set out actually in non-statutory guidance... in order to heighten awareness about reasonable adjustments particularly as it relates to meal provision amongst schools , local authorities and families to support local solutions. This should give parents clarity and something to point schools to when discussing their child's needs."

Mr Byrne responded: "I'd like to thank the minister for his response and for agreeing to update the current free school meals guidance so it avoids any confusion and makes it quite clear schools' duties to make reasonable adjustments under the Equalities Act." He added he'd be "keeping [the minister's] feet to the fire" and that progress of the commitments he has made will be watched.

Natalie Hay founded the inclusive free school meals campaign three years ago when she realised many eligible disabled children were missing out on their free lunch, despite receiving supermarket vouchers in lockdown. She set up an online support group which has grown to more than 2,700 affected family members.

Ahead of the debate, she said: “I am delighted that after three years campaigning, this issue is getting the attention it deserves. Following my legal action on behalf of families across the UK, a positive and equitable outcome is on the horizon for 2000 disabled children missing out on their free school meal. Now we want the same outcome for the tens of thousands of others unfairly missing out on this vital support.”

Anna Bird, Chief Executive at Contact, said: “The current free school meals scheme is inaccessible to tens of thousands of eligible disabled children. We are grateful to Ian Byrne MP for championing this issue for affected families up and down the country.

“Almost all affected families say that missing out on school meals increased pressure on their weekly budgets. At a time when grocery bills are sky high, it’s vital that families get all the help they are entitled to without having to fight for it.

“We urge the government to act swiftly and update its free school meals guidance to make clear that local authorities and schools are legally entitled to offer reasonable adjustments to children who can’t have their free school meal in the regular way, such as providing supermarket vouchers.”

Sophie Huskisson

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