School measures - Free breakfast club provision in primary schools in England

These measures require state-funded schools to ensure that all children on roll in Reception class to Year 6 are provided with access to a free breakfast club before the start of each school day which lasts for at least thirty minutes and includes food. The aim of these measures is to give all children, regardless of their circumstance, a great start to the school day, helping to break down barriers to opportunity.

This measure delivers the Government’s manifesto commitment to introduce free breakfast clubs in every state-funded primary school, accessible to all children.

The case for primary legislation for new free universally available breakfast clubs is to ensure: –

• consistency and availability across England which complies with minimum requirements (that schools will have available a club of at least thirty minutes providing nutritious food);
• accessibility: providing funding and support so that all state-funded schools in England in scope have breakfast club provision with capacity to meet demand from parents, and ensure the most in need pupils benefit;
• longevity of provision and future certainty for schools: ensuring investment in and commitment to delivering this policy effectively and with impact.

This measure places a legal duty on all state-funded schools with registered pupils from Reception class to Year 6 to secure free from charge breakfast club provision which lasts at least thirty minutes and includes a free breakfast. Provision must be made freely available to all registered pupils at the school within the scope of this measure.

The duty will be placed on:

• Maintained schools
• Academy schools
• Non-maintained special schools
• Alternative provision Academies
• Pupil referral units.

This measure places a duty on the Secretary of State to issue guidance to schools in scope of the breakfast club duty to aid them in the implementation and delivery of free breakfast club provision. Schools must have regard to this guidance when delivering the programme. This measure also ensures that regulations known as the School Food Standards apply to all food provided at all academies and maintained schools in England equally. This closes a regulatory gap, whereby a small number of academies are required by their funding agreements to comply with the School Food Standards for their lunchtime provision only, whilst most academies, and all maintained schools, must comply through the school day, including at breakfast clubs. This will not only secure consistency in the standard of food provided in breakfast clubs established as a result of this duty but will ensure consistency in food served across the entire day at all state-funded schools regardless of the age of the pupils they provide education to.

In early 2025, non-statutory guidance for schools will be published to support up to 750 early adopter schools, rolling out from April 2025, to test and learn how to implement this new duty.

Attendance at breakfast clubs will be optional and free to all parents and children regardless of income. Breakfast clubs will be accessed by parents directly from the school or the Private, Voluntary, and Independent (PVI) childcare provider. The provision will not form part of the compulsory school day or qualify as a ‘school session’.

It is acknowledged that there may remain some exceptional circumstances in which a school cannot meet the duty as it would seriously prejudice the efficient use of resources or not be in the best interest of their pupils. There is therefore, built into the legislation the power for the Secretary of State to grant an exemption to such schools, following a robust application process with the final decision resting with the Secretary of State.

The above analysis relates to Children’s Wellbeing and Schools Bill which has not yet become law and may be subject to change as it passes through Parliament. We will be posting updates to this page if there are any key developments but the above may not reflect the latest changes to the legislation.  Please contact our School Support (schoolsupport@wslaw.co.uk)  or Schools HR (schoolshr@wslaw.co.uk) teams if you require an update on the latest status of the Bill.