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Healthy eating in maintainedschoolsStatutory guidance for local authorities andgoverning bodiesGuidanceGuidance document no: 146/2014Date of issue: June 2014

Healthy eating in maintained schoolsAudienceEveryone who is involved with the provision of school food and drinkin maintained schools. This includes local authorities and governingbodies of maintained schools (including maintained nursery schools),those working in schools, e.g. headteachers and teachers,parents/carers, learners, private/in-house catering providers and otherstakeholders, e.g. health professionals, dietitians, healthy schoolscoordinators, etc.OverviewThis document provides guidance for local authorities and governingbodies of maintained schools (including nursery schools and pupilreferral units) on complying with the provisions in the Healthy Eatingin Schools (Wales) Measure 2009 and regulations made under it.ActionrequiredLocal authorities and governing bodies of maintained schools musthave regard to this statutory guidance.FurtherinformationEnquiries about this document should be directed to:Pupil Wellbeing BranchSupport for Learners DivisionDepartment for Education and SkillsWelsh GovernmentCathays ParkCardiffCF10 3NQe-mail: Breakfastinfo@wales.gsi.gov.ukAdditionalcopiesThis document can be accessed from the Welsh Government’swebsite at learning.wales.gov.ukRelateddocumentsHealthy Eating in Schools (Wales) Measure 2009www.legislation.gov.uk/mwa/2009/3/contentsThe Healthy Eating in Schools (Nutritional Standards andRequirements) (Wales) Regulations madeSchool Standards and Organisation (Wales) Act Free breakfast in primary schools – Statutory guidance for localauthorities and governing akfast-in-primaryschools/?lang enDigital ISBN 978 1 4734 1214 9 Crown copyright 2014WG21747

ContentsIntroductionStatus of this guidanceBackgroundChapter 1: The Healthy Eating in Schools (Wales) Measure 2009Section 1 – Promoting healthy eating and drinking by pupils inmaintained schoolsSection 2 – Governors’ reportsSection 3 – Functions of the Chief Inspector of Education and Trainingin WalesSection 4 – Requirements for food and drink provided on schoolpremisesSection 5 – Drinking water in schoolsSection 6 – Promotion of meals in schools and other educationalestablishmentsSection 7 – Protection of the identity of pupils receiving free schoollunches or milk11244Chapter 2: The Healthy Eating in Schools (Nutritional Standardsand Requirements) (Wales) Regulations 2013Regulation 4 and Schedule 1 – Breakfast in maintained schoolsRegulation 5 and Schedule 2 – Lunch in maintained nursery schoolsRegulation 6 and Schedule 3 – Lunch in maintained primary andsecondary schoolsRegulation 6 and Schedule 4 – Nutritional standards for lunch inmaintained primary and secondary schoolsRegulation 7 and Schedule 5 – Drinks provided in maintained schoolsRegulation 8 and Schedule 6 – Other food provided in maintainedschoolsAnnex 1: Portion sizesAnnex 2: Implementing the standards – step-by-step guideAnnex 3: References and resources136678911161718304353565960

IntroductionStatus of this guidanceThis statutory guidance is issued under sections 1, 5 and 7 of the HealthyEating in Schools (Wales) Measure 2009 1 (‘the Measure’) which provides thatlocal authorities and governing bodies of maintained schools must haveregard to it. This means that local authorities and governing bodies must takeaccount of the guidance and, if they decide to depart from it, have clear andjustifiable reasons for doing so.This statutory guidance replaces the Welsh Government’s Appetite for Lifeguidelines.1Healthy Eating in Schools (Wales) Measure nts1

BackgroundThere have been long-standing concerns about the number of children whoare overweight or obese, and the impact this has on health and well-being,especially in relation to reducing health inequalities. Poor diet is a majorcontributing factor. The food and drink provided in schools can make apositive contribution towards giving children and young people a healthybalanced diet and encouraging them to develop good eating habits. Toaddress these concerns the Measure was passed by the National Assemblyfor Wales on 8 July 2009 and received Royal Approval on 15 October 2009.The Measure places, amongst other matters, new duties on local authoritiesand governing bodies to promote healthy eating by pupils in maintainedschools. To monitor compliance, governing bodies are required to provideinformation in their annual report on the action taken to promote healthyeating and drinking by pupils at their schools and Estyn is required to report tothe Welsh Ministers on the action taken by schools. The Measure also givesthe Welsh Ministers the power to regulate food and drink provided to pupils ofmaintained schools and to other persons on school premises.The table below sets out the provisions in the Measure.SectionSection 1Section 2Section 3Section 4Section 5Section 6Section 7Provision of the MeasureDuty on a local authority and a governing body of a maintainedschool to take action to promote healthy eating and drinking amongregistered pupils.Duty on the governing body of a maintained school to include intheir annual report information on the action taken to promotehealthy eating and drinking by pupils of the school.Duty on the Chief Inspector of Education and Training in Wales tokeep the Welsh Ministers informed about actions taken atmaintained schools to promote healthy eating and drinking.Gives the Welsh Ministers the power to make regulations aboutfood and drink provided by local authorities or governing bodies topupils of maintained schools, whether they are on school premisesor not, and to other persons on school premises.The Healthy Eating in Schools (Nutritional Standards andRequirements) (Wales) Regulations 2013 were made under thispower and also came into force on 2 September 2013 (see Chapter2 of this guidance document).Duty on a local authority to ensure that drinking water is available,free of charge, on the premises of any maintained school.Duty on a local authority, or the governing body of a maintainedschool which provides school meals or milk, to encourage the takeup of school meals or milk, and to take reasonable steps to ensurethat every pupil who is entitled to receive free school lunches andfree school milk receives them.Duty on a local authority or governing body to take reasonablesteps to ensure that a pupil cannot be identified by any person,2

other than a person authorised under the legislation, as a pupil whoreceives a free school lunch or free school milk.Duty on a local authority or governing body to take reasonablesteps to ensure that teachers/employees/volunteers at the schooldo not make disclosures, other than to a person authorised underthe legislation, about the fact that a pupil receives free schoollunches or free school milk.3

Chapter 1: The Healthy Eating in Schools (Wales)Measure 2009Section 1 – Promoting healthy eating and drinking by pupilsin maintained schoolsThe Measure requires local authorities and governing bodies to take action topromote healthy eating and drinking by pupils in maintained schools. Indischarging this duty, local authorities and governing bodies must have regardto this guidance.This guidance provides advice on: what constitutes healthy eating and drinking appropriate action to promote healthy eating and drinking how sustainable development applies in relation to the promotion of healthyeating and drinking.What constitutes healthy eating and drinking?Healthy eating is about consuming a varied diet to get the right amount ofnutrients to promote growth and good health. Legislation made under theMeasure regulates healthy eating and drinking to ensure that food and drink inschools provide essential nutrients, and that saturated fat, sugar and salt arerestricted (see Chapter 2 of this guidance).What is considered appropriate action to promote healthy eating anddrinking?Promoting the take-up of school meals is an important part of the wholeschool approach to healthy eating. School meals that comply with theregulations made under the Measure can provide a balanced meal whichmeets approximately one third of recommended daily nutrient requirements,making school meals a healthy choice for children and young people.In promoting healthy eating and drinking, schools should consider: how children and young people can be encouraged to enjoy healthyoptions how to persuade children and young people to eat lunch at lunchtimeinstead of during breaks how to encourage and support the take up of school meals, for example,by holding taster sessions to market school meals to both parents/carersand young people how to promote school meals positively by educating children, youngpeople and their parents/carers on the content of school meals, forexample, through caterers attending parents evenings creating healthy eating posters, displays and holding competitions4

having a greater emphasis on health and well-being throughout the wholeschool curriculum to educate children on healthy eating and the benefits ofit, with the aim of improving children’s decision making around food choices work in detail on the food and fitness section of the Welsh Network ofHealthy School Schemes 2 (WNHSS) – health improvement work in schoolsin Wales is taken forward via local healthy school schemes, working aspart of the WNHSS. Such work incorporates a whole-school approach,which encourages participation from all school staff, pupils and the widercommunity. It takes account of curriculum, ethos and environment, familyand community involvement, and demonstrates good leadership andcommunication lunchtime time allocation and social interaction of eating a meal involving and informing school governors of the importance of school mealcontribution how to involve pupils in decision making about food choices and meals evidence to demonstrate compliance with regulations made under theMeasure a whole-school approach to healthy eating which could include a school foodpolicy around food/drink brought into schools, for example, lunchboxes, etc promoting consistent messages about healthy eating throughout the wholeschool day, and linking healthy eating to the food and drink provision withinschool.How sustainable development applies in relation to the promotion ofhealthy eating and drinking?Sustainable development is about enhancing the economic, social andenvironmental wellbeing of people and communities, achieving a betterquality of life for our own and future generations.In practice this means making decisions which will have benefits in the longterm as well as the short-term, and which prevent problems from occurring inthe long-term. An emphasis on healthy eating in schools is an example of asustainable approach in practice, by helping to reduce future health problemssuch as obesity. Moreover, since behaviour is passed down through families,successful intervention is essential to safeguard the health of futuregenerations 3. Evidence suggests that supporting healthy decisions at an earlyage can lead to better outcomes in the long term. Encouraging children to eata healthy diet is likely to improve their quality of life.Enhancing understanding of food at an early age can also provideopportunities for learning about a range of economic, social andenvironmental issues. These include the importance of personal responsibilityfor health and the environmental issues associated with local and global foodproduction and consumption.2Welsh Network of Healthy School nt/schools/schemes/?lang en3Chief Medical Officer for Wales Annual Report 2012-13: Healthier, Happier, ations/annual/report-2013/?lang en5

Section 2 – Governors’ reportsThis section of the Measure requires governing bodies of maintained schoolsto include in their annual report, information about the action taken to promotehealthy eating and drinking by pupils at the school. This information will feedinto Estyn’s reporting cycle and be available to parents and carers of pupils.The Welsh Government document The Governors’ Guide to the law 4 hasbeen updated to reflect this new duty; please see the latest version of thisdocument for further information.In promoting healthy eating and drinking school governing bodies shouldconsider the bullet points referenced in Section 3 (pages 6 and 7) and includeany action taken in their annual report. Some of these bullet points will alsoassist school governing bodies comply with their duty to encourage the takeup of school meals.As information included in the governors’ annual reports, school governingbodies should consider the bullet points in Section 3 (pages 6 and 7) thatEstyn will be considering on any inspections with regards to the Measure andregulations made under it.Section 3 – Functions of the Chief Inspector of Education andTraining in WalesThis section of the Measure relates to the functions of the Chief Inspector ofEducation and Training in Wales (‘Estyn). It places a duty on the ChiefInspector to keep the Welsh Ministers informed about the actions taken byschool governing bodies to promote healthy eating and drinking at maintainedschools.Estyn has produced supplementary guidance on healthy living 5 in whichhealthy eating and drinking is captured.Estyn inspectors may, amongst other matters: check that school governors include information about their arrangementsfor promoting healthy eating and drinking in their annual report toparents/carers ask pupils about whether the school encourages them to eat healthily note any obvious breaches of the regulations made under the Measure.4The Governors’ Guide to the olgovguide/?lang en5Supplementary guidance: healthy living September 2013http://www.estyn.gov.uk/english/ inspection/supplementary-guidance/6

Estyn will report on the arrangements made to promote healthy eating anddrinking. Estyn will not report on the quality of food provision.Estyn inspectors may also consider the following as part of wider healthyliving. Are pupils given the opportunity to develop their awareness andunderstanding of healthy living through the curriculum and extra-curricularwork and projects? Do teachers exploit opportunities to develop pupils’ understanding ofhealthy living? Is the school effectively promoting healthy lifestyles? Does the school ensure that any out-of-school-hours provision support itswork on healthy living? Does the school environment, including dining areas, sport facilities andpublic areas promote healthy living? Does the school have good facilities for healthy eating and physicalactivity? How well does the school communicate its promotion of healthy living tothe pupils, parents/carers and the wider community?This list is not exhaustive; please see Estyn’s supplementary guidance forfurther information.Section 4 – Requirements for food and drink provided onschool premisesThis section of the Measure provides Welsh Ministers with the power to makeregulations setting out requirements for food and drink provided to by localauthorities or governing bodies, on the premises of a maintained school or ata place other than the school premises. The Healthy Eating in Schools(Nutritional Standards and Requirement) Regulations 2013 (‘the HealthyEating Regulations’) were made under this power 6.The Healthy Eating Regulations set out the types of food and drink that canand cannot be provided during the school day; and defines the nutrientcontent of school lunches. This section of the guidance aims to support localauthorities and governing bodies to understand the standards within theHealthy Eating Regulations, and provide support in implementing these withinschools.Please refer to Chapter 2 (page 13) for further detail on the standards for foodand drink under the Healthy Eating Regulations.6The Healthy Eating in Schools (Nutritional Standards and Requirement) Regulations ness-fourth-assembly-laiddocs.htm?act dis&id 248994&ds 8/20137

Section 5 – Drinking water in schoolsThis section of the Measure requires a local authority to ensure that a supplyof drinking water is available, free of charge, on the premises of anymaintained school.Pupils must have easy access at all times to free, fresh drinking water,especially during breakfast sessions and lunchtimes. Mineral water, still andcarbonated is permitted under the Healthy Eating Regulations. However,water containing sweeteners, sugars, honey, colouring or flavouring is notpermitted.Why is having water freely available important? Water quenches thirst and does not damage teeth. To help children choose drinking water with meals instead of sweetenedsoft drinks. Water promotes hydration and has no calories. Drinking water can help to prevent a range of short- and long-term healthproblems such as headaches, bladder and bowel problems. To promote water availability in schools children do not have to pay for tapwater as it is a drink which is equally accessible to all.Schools should: signpost water stations throughout the school provide younger children with a cup or glass of water or let them carrywater bottles. Where water bottles are used schools should adhere to thecleaning advice provided within the Welsh Government’s Think Waterguidance 7 ensure dining room supervisors direct children to available water sourcesat lunchtime promote water availability throughout the school make pupils aware that taps in toilet areas are not an appropriate source ofdrinking water allow pupils to drink water freely throughout the day by promoting water ondesks – schools working as part of the WNHSS are encouraged to allowwater on desks and 87 per cent of schools now do this.Practical information for schools Water can be chilled, but this is not a requirement. Schools could provide jugs of freshly poured tap water together with cups/glasses on tables and at the serving counter in the dining room. Schools could consider installing a point of use water cooler which usesmains drinking water. Where water coolers are used schools should7Think Water: Guidance on water in nt/index/water/?lang en8

adhere to the cleaning advice provided within the Welsh Government’sThink Water guidance.Section 6 – Promotion of meals in schools and othereducational establishmentsThis section of the Measure requires local authorities and governing bodiesthat provide school meals or milk to encourage take-up, and take reasonablesteps to ensure every pupil entitled to receive school meals and milk free ofcharge does receive them.School milk schemeMilk contains a number of useful nutrients that contribute positively to thediets of children and young people.Milk is provided free of charge to Nursery and Foundation Phase pupils inmaintained schools and milk is subsidised for Key Stage 2 pupils, providingthey are participating in the Nursery Milk Scheme 8 and the School MilkScheme 9.Take-up of school mealsSchool governing bodies should encourage the take-up of school meals ingeneral, particularly the take-up of free school meals (FSM), and encouragepupils who are registered for FSM to take up their entitlement.The Welsh Government and the Welsh Local Government Association(WLGA) have worked in partnership to produce the Free school meals casestudies report 10. This report sought to understand the range of factors whichmay impact on the uptake of school meals in general and FSM in particular.Work undertaken with eight secondary schoo

a whole-school approach to healthy eating which could include a school food policy around food/drink brought into schools, for example, lunchboxes, etc promoting consistent messages about healthy eating throughout the whole school day, and linking healthy eating to the

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