Question reference: S6W-13068
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
- Date lodged: 9 December 2022
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Current status: Answered by Shirley-Anne Somerville on 21 December 2022
Question
To ask the Scottish Government whether there is a legal obligation for local authorities to provide school meals to both those who qualify for free school meals as well as other pupils.
Answer
Section 53 of the Education (Scotland) Act 1980 provides that local authorities must provide, or secure the provision of, a school lunch free of charge to pupils who meet the eligibility criteria set out within that Act. The national eligibility criteria for free school meals is available through the following web link: School meals - mygov.scot.
In addition to this, free school lunches are available to all children in primaries 1 to 5 and in special schools. This applies to all schools either run by a local authority or which are directly funded through a Scottish Government grant. This policy is not set out in legislation and is delivered through a joint agreement between the Scottish Government and local authorities.
Local authorities also have the flexibility to make discretionary offers of free school meals to children and young people from families who do not meet the national eligibility criteria where they are experiencing financial hardship due to exceptional circumstances. There is nothing within legislation to say when such discretionary offers should be made, since we believe that local authorities should be given the maximum flexibility to consider each approach based upon its own individual circumstances.