Chamber and committees

Coronavirus (COVID-19): guidance on reducing the risks in schools sets out the considerations that education and authorities should take to ensure that appropriate arrangements are made for those who are asked to shield (at protection level 4). This is available from Coronavirus (COVID-19): guidance on reducing the risks in schools - gov.scot (www.gov.scot) The guidance also sets out the considerations that should be made for school staff who have underlying health conditions. This is available from Coronavirus (COVID-19): guidance on reducing the risks in schools - gov.scot (www.gov.scot).

In both cases the appropriate arrangements which may be put in place would be determined by individualised risk assessment.

The Scottish Government does not issue guidance to local authorities about using local suppliers and producers for the supply of ingredients for school meals, since they operate independently from Scottish Ministers for their procurement activities. They are therefore responsible for running their own tendering exercises and for the decisions taken as part of those exercises.

Where the value of a contract exceeds £50,000 local authorities, and other public bodies, are required to follow the terms of the Procurement (Scotland) Act 2014 and its associated regulations. The Scottish Government’s website contains a section on Public Sector Procurement Support, which provides a range of tools and guidance to help public bodies carry out transactions efficiently, and to improve and enhance their procurement capability. This information is available on the Scottish Government’s website through the following link: Public sector procurement - gov.scot (www.gov.scot)

In addition we support the Soil Association’s Food for Life programme which is now held by 15 local authorities across Scotland. The programme aims to help school catering staff serve freshly prepared meals made from locally produced ingredients that are healthy and sustainable and brings benefits to local food producers by protecting jobs and supporting local farmers. Not only does it encourage local sourcing but it is making a great difference in ensuring that our school children have access to delicious, healthy, sustainable food that has been grown, sourced and produced in Scotland.

Our most recent data on uptake of free school meals is contained within the Schools Healthy Living Survey Statistics Report, which was published on 8 September 2020. This survey was carried in February 2020 therefore the data contained within this report pre-dates the introduction of any COVID-19 related regulations.

We do not hold further information about uptake rates since then, although individual Local Authorities may hold information on uptake of free school meals since schools reopened in August. With regards to alternative provision for families eligible for free school meals whilst the schools were closed, Scottish Government officials monitored returns from local authorities during the summer which showed that up to 175,000 children and young people were receiving alternative provision in lieu of free school meals.

Despite the impacts of the COVID-19 pandemic, education authorities continue to have a statutory duty, under section 53 of the Education (Scotland) Act 1980, to promote the availability of school lunches at all schools under their management and to encourage all children and young people in attendance to consume them, and to ensure that all food and drink served their in schools complies with the standards set out in The Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2008.

In addition, education authorities continue to have a statutory duty to take all reasonable steps to ensure that any child or young person who is entitled to free school lunches receives them.

There are currently no nutritional regulations which apply to food delivered to school age children in settings other than school.

The Nutritional Requirements for food and drink in schools (Scotland) Regulations 2008 sets strict nutritional standards that all food and drink served in schools must meet. This includes lunchtime, breakfast clubs, tuckshops, vending machines and at any other times of the day where food or drink is provided.

New regulations governing the nutritional requirements for food and drink in schools will come into effect in April 2021. The four key themes of the new regulations will be that they will increase access to fruit and vegetables, ensuring that our children and young people can access their ‘five-a-day’ at school; reduce the amount of sugar that can be accessed in school; bring provision of red and red processed meat in line with the Scottish Dietary Goals and; change the way food and drink is offered in secondary schools to better meet the needs of young people.

The Health and Social Care Standards set out what children should expect from their care and support included from their school age childcare service. This includes being able to choose healthy meals and snacks, including fresh fruit and vegetables and that meals and snacks meet cultural and dietary needs, beliefs and preferences.

In 2019-20 the Scottish Government invested £2 million in activity to tackle food insecurity during school holidays. While the regulations for food and drink in schools do not apply to meals provided by community organisations, Scottish Government funded third sector holiday meal and activity provision has promoted healthy meals, maximising choice and dignity for recipients.

During the COVID-19 pandemic, local authorities, community organisations and local businesses were involved in the provision of meals for primary school children. The Scottish Government recognised the need for flexibility in adhering to the regulations, and requested that local authorities take all reasonable steps to ensuring that nutritious options were made available wherever possible.

Food Standards Scotland provided further guidance on the nutritional quality of food provision during the pandemic. This was widely shared with local authority and community organisations who were encouraged to follow it. Feedback received from local authorities indicated that they worked proactively and in partnerships to meet need, actively applying the principles in the guidance.

The Scottish Government, along with public, private and third sector partners and the Scottish Trades Union Congress (STUC) issued a joint statement outlining fair work expectations in July to support the transition out of lockdown and a principle of no detriment. The statement still applies now and we remain committed to the principle of no detriment.

It is important that employers are as supportive as possible and that mitigation measures are put in place. We would not expect teachers to be financially penalised, however pay and conditions for teachers are matters for the Scottish Negotiating Committee (SNCT) to determine and discussions on this issue are underway as a matter of urgency. The Scottish government will play our part in those discussions.

Local Authorities have a responsibility in law under the Education (Scotland) Act 1980 to make the arrangements they consider necessary for the transport of school pupils between home and school. They have discretion about how such services are provided and will balance the needs of their local communities alongside efficient use of public funds.

I believe it is important to ensure children are given a nutritious breakfast at the start of the day, and breakfast clubs can form an important part of the school day for many children and families. I know that regularly eating nutritious breakfasts supports both positive health and learning outcomes in children.

Education authorities already have a statutory duty under the Education (Scotland) Act 1980 to take reasonable steps to ensure that every pupil who is entitled, by virtue of their families’ circumstances, to receive school lunches free of charge.

All our teachers are entitled to feel safe at work and we expect local authorities to make sure appropriate arrangements are in place for them.

The Coronavirus (COVID-19): guidance on reducing the risks in schools was developed with input from members of the Covid-19 Education Recovery Group (CERG), including local authorities. The most recent version of the guidance was published on 30 th October 2020. This guidance is intended to help managers have supportive conversations with staff in a non-discriminatory way. The guidance also makes clear local authorities’ responsibilities as employers to comply with the provisions of the Equality Act 2010, in relation to ensuring that any arrangements they put in place, including any requirement for an individual to work from home to ensure their safety, are non-discriminatory.

A full EQIA has also been undertaken in conjunction with the development of the return to schools guidance and published alongside it on the Scottish Government website.

The Modern Apprenticeship Quarter 2 statistics, published on 10 November 2020 provided more evidence of the continued impact of COVID-19 restrictions on all parts of the Scottish economy. The latest statistics, covering July-September, showed a slight increase in starts compared to the previous period, but are still lower than in previous years. Many sectors that are active employers of apprentices were necessarily placed into lockdown by COVID-19 and are experiencing the consequences of these restrictions.

The Scottish Government remains committed to our apprenticeship programme and will continue to do all we can to support apprentices and their employers during this time. Apprenticeships are at the heart of our skills system in Scotland and are an important part of Scotland’s Young Person’s Guarantee. They will play a key role in our economic recovery from the COVID-19 pandemic, supporting high-quality jobs and enabling employers to gain skilled workers.

The Scottish Government has created a new Apprenticeship Employer Grant to encourage employers to take on Modern and Graduate apprenticeships. Recognising the challenging circumstances for employers as a result of coronavirus (COVID-19), and the impact on opportunities for young people, more businesses will now be able to access financial support to help them take on young people through the new £15 million Apprenticeship Employer Grant.

Supporting the Scottish Government’s aim of maximising apprenticeship opportunities in the coming months, the grant will help increase the number of employers able to take on an apprentice or upskill an existing staff member.

The grant makes available £5,000 for employers taking on a 16 to 24 year old apprentice, and for those aged up to 29 years old who are disabled, care leavers and Minority Ethnic. Any employers who take on an apprentice aged 25 or older will receive a financial incentive of £3,500.

Funding will be available for eligible employers where the apprenticeship start date was on or after 1 December 2020 and funding will be available for apprenticeship starts until 25 March 2021.

Breakfast clubs in Scotland are currently delivered by a wide variety of providers, including by local authorities in schools, but also by private and third sector organisations and in a range of community settings. In developing and implementing the universal provision of breakfast clubs for all primary school pupils it will be important to consider how and where this is provided to ensure it offers the best experience for children and families, as well as value for money.

Supporting people to self-isolate is critical in controlling the spread of the virus and although employment law is reserved to the UK Government we are using all of the levers available to us to encourage and promote the adoption of fair work practices to employers across Scotland. In July this year, the Cabinet Secretary for Economy issued a refreshed joint statement with the STUC, CoSLA, Scottish Council for Voluntary Organisations, Institute of Directors and Scottish Council for Development and Industry outlining the shared commitment to fair work practices in Scotland. This statement makes clear that no worker should be financially penalised for following medical advice.

No-one should have to choose between self-isolating and supporting themselves and their families financially. The Self-Isolation Support Grant of £500 has been extended to be available to parents or carers of a child who is required to self-isolate, and the parent fulfils the other eligibility criteria, this in turn helps to address the disproportionate impact self-isolation of children has on care givers who are predominantly women. People who can work from home should continue to do so, and we would expect employers to continue to pay people while they are working.

In relation to the Equality Act 2010, responsibility for oversight of compliance are matters for the courts and for the Equality and Human Rights Commission (EHRC). EHRC is independent and cannot be directed by Scottish Ministers.