Children’s Wellbeing and Schools Act 2026

33 Free school meals etc: information sharing E+W

(1) Section 110 of the Education Act 2005 (supply of information) is amended as follows.

(2) In subsection (4), after “local authority” insert “or the appropriate authority of a relevant school in England”.

(3) In subsection (5)—

(a) at the end of paragraph (a), omit “or”;

(b) at the end of paragraph (b), insert “or

(c) to the appropriate authority of a relevant school in England,”.

(4) After subsection (5) insert—

“(5A) Information to which subsection (1) or (2) applies may be supplied to the Secretary of State, or any person providing services to the Secretary of State, for use for the purpose of determining whether relevant financial assistance is payable or expendable in respect of a person in England.

(5B) Information to which subsection (2) applies may be supplied to a local authority in England or the appropriate authority of a relevant school in England for use for the purpose mentioned in subsection (5A).

(5C) Information received by virtue of subsection (5A) may be supplied—

(a) to another person to whom it could have been supplied under that subsection,

(b) to a local authority in England, or

(c) to the appropriate authority of a relevant school in England,

for use for the purpose mentioned in subsection (5A).

(5D) A person who (after receiving information by virtue of this section) makes a determination described in subsection (3) or (5A) in respect of a person in England may communicate the determination to—

(a) a parent of the person in respect of whom the determination was made,

(b) a local authority in England, or

(c) the appropriate authority of a relevant school in England.

(5E) The communication may include information about the statutory provision or the arrangements under which the person in respect of whom the determination is made is eligible for free school lunches.”

(5) After subsection (6), insert—

“(6A) The references in this section to a local authority in England include references to any person exercising on behalf of such an authority functions relating to eligibility for free school lunches and milk or relating to relevant financial assistance.”

(6) For subsections (7) and (8) substitute—

“(7) For the purposes of this section, determining “eligibility for free school lunches and milk” means determining—

(a) whether school lunches or milk must be provided for a person, free of charge and on request, in accordance with—

(i) section 512ZB(2) or (3) of the Education Act 1996,

(ii) regulations under section 342 of that Act (non-maintained special schools), or

(iii) Academy arrangements;

(b) whether school lunches or milk may or must be provided for a person, free of charge, by a local authority in England or the appropriate authority of a relevant school in England in accordance with one or both of the following—

(i) the terms of relevant financial assistance;

(ii) guidance issued by the Secretary of State.

(8) The reference to school lunch in subsection (7)(b) includes food equivalent to a school lunch provided for a person educated otherwise than at school.

(8A) In this section—

• “the appropriate authority” means—

  (a)

  in relation to a community, foundation or voluntary school or a community or foundation special school, the governing body;

  (b)

  in relation to a pupil referral unit, the local authority which maintains the unit;

  (c)

  in relation to any other kind of relevant school, the proprietor;

• “functions relating to social security” includes functions relating to Part 6 of the Immigration and Asylum Act 1999;

• “relevant financial assistance” means financial assistance given under section 14 of the Education Act 2002—

  (a)

  to a local authority in England or the appropriate authority of a relevant school in England, and

  (b)

  in connection with child welfare or the provision of education;

• “relevant school” means—

  (a)

  an Academy school,

  (b)

  an alternative provision Academy,

  (c)

  a community, foundation or voluntary school,

  (d)

  a community or foundation special school,

  (e)

  a non-maintained special school (within the meaning given by section 337A of the Education Act 1996),

  (f)

  a pupil referral unit, or

  (g)

  a city technology college or city college for the technology of the arts;

• “school lunch” has the same meaning as in section 512 of the Education Act 1996.”

Commencement Information

I1 S. 33 not in force at Royal Assent, see s. 78(5)

I2 S. 33 in force at 1.6.2026 by S.I. 2026/551, reg. 2