Children’s Wellbeing and Schools Act 2026

Prospective

30 Free breakfast club provision in primary schools in England E+W

After section 551A of the Education Act 1996 insert—

“Breakfast clubs E+W

551B Free breakfast club provision in primary schools in England

(1) The appropriate authority of a relevant school in England must secure that breakfast club provision is available, free of charge, for all qualifying primary pupils at the school.

(2) “Breakfast club provision” means—

(a) the provision of childcare for a period of at least 30 minutes ending immediately before the start of the first school session on each school day, and

(b) the provision of breakfast before the start of the first school session on each school day.

(3) The references in subsection (2) to the provision of childcare and breakfast are to their provision on the school premises or on suitable premises in the vicinity of the school premises.

(4) The duty under subsection (1) does not apply in relation to a relevant school on any school day in which—

(a) there is only one school session, and

(b) that session begins in the afternoon.

(5) Food and drink provided pursuant to subsection (2)(b) may, subject to the applicable food standards duty, take such form as the appropriate authority thinks fit.

(6) In this section and sections 551C and 551D—

• “the appropriate authority” means—

  (a)

  in relation to an Academy school, an alternative provision Academy or a non-maintained special school, the proprietor;

  (b)

  in relation to a maintained school, the governing body;

  (c)

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

• “qualifying primary pupil”, in relation to a relevant school, means a junior pupil who is a registered pupil at the school and—

  (a)

  is of compulsory school age, or

  (b)

  is not of compulsory school age but is in reception at the school;

• “relevant school” means—

  (a)

  an Academy school,

  (b)

  an alternative provision Academy,

  (c)

  a maintained school,

  (d)

  a non-maintained special school, or

  (e)

  a pupil referral unit,

  other than where established in a hospital.

(7) In this section—

• “the applicable food standards duty” means—

  (a)

  the duty imposed by section 114A(4) of SSFA 1998 (including as applied in relation to a non-maintained special school by regulations under section 342(4)(a) of this Act), or

  (b)

  in relation to an Academy school or an alternative provision Academy, a duty contained in Academy arrangements relating to the school that is equivalent to the duty imposed by section 114A(4) of SSFA 1998 (see section 512C of this Act);

• “childcare” has the meaning given by section 18 of the Childcare Act 2006;

• “maintained school” means—

  (a)

  a community, foundation or voluntary school, or

  (b)

  a community or foundation special school;

• “non-maintained special school” has the meaning given by section 337A;

• “reception” means a year group in which the majority of children will, in the school year, attain the age of 5;

• “SSFA 1998” means the School Standards and Framework Act 1998.

551C Power to exempt schools from duty under section 551B(1)

(1) The Secretary of State may, on an application made by the appropriate authority of a relevant school, by notice given to the appropriate authority designate the school as one to which the duty under section 551B(1) does not apply.

(2) Before making an application under subsection (1), the appropriate authority of a relevant school must consult—

(a) parents of qualifying primary pupils at the school, and

(b) the local authority for the area in which the school is situated.

(3) An application under subsection (1) must be made in accordance with such requirements as may be prescribed.

(4) The Secretary of State may designate a relevant school under subsection (1) only if satisfied that requiring the appropriate authority to discharge the duty under section 551B(1)—

(a) would seriously prejudice the efficient use of resources, or

(b) would be contrary to the best interests of qualifying primary pupils at the school,

having regard to the particular circumstances of the school or of qualifying primary pupils at the school or any other relevant factor.

(5) A designation under subsection (1) has effect for the period specified in the notice under that subsection (and the period may be indefinite).

(6) A designation under subsection (1) may be varied or revoked by a further designation.

(7) The Secretary of State must—

(a) keep a list of relevant schools in relation to which a designation under subsection (1) has effect, and

(b) make the list publicly available.

551D Guidance in connection with breakfast club provision

(1) The Secretary of State must issue guidance to the appropriate authorities of relevant schools in England with respect to—

(a) the discharge of the duty imposed on those appropriate authorities by section 551B(1);

(b) applications for a designation under section 551C(1);

(c) the exercise by the Secretary of State of the power conferred by section 551C(1).

(2) The appropriate authority of a relevant school in England must have regard to guidance issued under this section in connection with—

(a) the discharge of the duty under section 551B(1);

(b) the making of an application for a designation under section 551C(1).

(3) The Secretary of State may from time to time revise guidance issued under this section.”

Commencement Information

I1 S. 30 not in force at Royal Assent, see s. 78(5)