Commentary on Sections Part 5 - Miscellaneous Schools Functions Section 88 – Duty to provide free breakfasts for pupils in primary schools
97.Section 88 requires a local authority to provide breakfasts free of charge on each school day for pupils at a primary school it maintains if the governing body of the school has made a written request to the local authority for breakfasts to be provided and 90 days have passed since the authority received the request.
98.The local authority’s duty to provide breakfasts will not apply if the governing body has asked the local authority to stop providing breakfasts, or the local authority decides that it would be unreasonable to provide, or continue to provide, breakfasts at the school.
99.The section sets out the requirements that must be met by a local authority when making breakfast arrangements. It also provides the Welsh Ministers with a power to issue guidance to which local authorities and governing bodies must have regard.