Early Years: Charging for meals for 15 or 30 hours funding: DfE

See below update from the Department for Education

Charging for meals

Providers remain able to charge parents for a meal provided to a child. The Department is not encouraging parents to opt out, and we know that many parents prefer to purchase things like meals from their provider. However, as we have made clear in our statutory guidance, there must not be any mandatory charges for parents in relation to the entitlement hours, and charges must not be a condition of accessing a funded place. This is a core element of the underpinning statutory scheme, and has been reaffirmed in a recent High Court judgment.

The charging section of the statutory guidance, which can be found in paragraphs A1.33 – A1.44, states that local authorities should ensure that providers are aware that they can charge parents for meals and snacks consumed by the child in connection with the free hours, but these charges must be voluntary for the parent.

Furthermore, it makes clear that parents must be able to opt out of paying for chargeable extras, such as meals and snacks (A1.37). It also states that providers who choose to offer the free entitlements are responsible for setting a policy on providing parents with options for alternatives to any additional charges. This policy must offer reasonable alternatives that allow parents to access the entitlement for free, including allowing parents to supply their own meals and snacks, or waiving the cost of these items (A1.38) and that in all cases, chargeable extras must not be a condition of taking up a free place (A1.39). The guidance also makes clear that providers should be mindful of the impact of charges on families, particularly the most disadvantaged. All parents, including disadvantaged families, must have fair access to a free place.

In relation to food safety, there is a requirement within the EYFS that states: ‘Before a child is admitted to the setting the providers must obtain information about any special dietary requirement, preferences, and food allergies that the child has’. From September 2025 we intend to strengthen the requirements around safer eating and in addition to require that all settings must have ongoing discussion with parents regularly and where appropriate health professionals to develop allergy action plans for managing any known allergies and intolerances. Providers will also be required to ensure that all staff are aware of symptoms and treatments for allergies and anaphylaxis. The Department for Education encourages settings to refer to the NHS advice on food allergies to support these arrangements.

There is already a requirement in the EYFS that children must always be within sight and hearing of a member of staff whilst eating. From September 2025 we intend to strengthen this requirement so that where possible, a member of staff should sit facing children whilst they eat so they can make sure children are eating in a way to prevent choking and so they can prevent food sharing and be aware of any unexpected allergic reactions. 

These requirements do not and should not prevent settings from allowing parents to bring in their own packed lunches or snacks. However, settings may choose to produce a ‘packed lunch policy’ regarding what food is, and is not, permitted. Providers are free to set their own packed lunch policy, but this must comply with equality legislation. A packed lunch policy is to ensure all children are being offered healthy and nutritious food, to reduce choking risks, and to help prevent allergic reactions for children who may have airborne food allergies.

For full information and requirements settings should refer to the EYFS, including the strengthened requirements which are expected to come into force from September 2025 and can be found in the Early Years Foundation Stage safeguarding reforms - consultation response.

Providers, including childminders, may wish to agree a termly arrangement with parents prior to that term commencing regarding the additional hours or consumables purchased, to aid with business planning and provide for stability of income, as long as charges are not mandatory. This may include asking parents to decide on a term-by-term basis whether they want to opt in or out of any charges for food, consumables or additional services.