Providers remain able to charge parents for meals and snacks provided to a child. The Department for Education is not encouraging parents to opt out.
However, in line with the legislation and recent court judgments a parent taking up food options at a childcare provide or being charged for it must ("legal obligation") not be a mandatory condition to access a funded place, and parent must be allowed to opt out of the service and the related charged with providers responsible for setting policies of the alternatives on offer Providers should also be mindful of the impact of charges on the most disadvantaged families ( i.e. children accessing Think2).
An option could be to allow parents to supply their own packed lunches for their children or by waiving to charge for food/ meals. Providers who decide to explore this but may not have previously offered the option of parents providing packed lunches, should consider the following in relation to all food and meals:
- Dietary information: Providers must obtain information on dietary requirements of the children who will attend their provision and adhere to the requirements around safer eating. The EYFS 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".
- 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 providers to refer to the NHS website on allergens.
- As per the Early Years Foundation Stage (EYFS), there is a requirement that children must always be within sight and hearing of a member of staff whilst eating. From September 2025 the DFE will 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.
- However the EYFS requirements do not and should not prevent Providers from exploring or allowing parents to bring in packed lunches or snacks for children. Providers who do allow children to bring in their own food should 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. Find out more the EYFS nutrition guidance.
- Foundation Years has produced a frequently asked question sheet to advise providers on managing food being brought into a provision - Foundation Years FAQ.
- Providers may also be able to seek guidance from the Food Safety/ Environmental Health Teams based at local borough or district councils:
