Government guidance could put nursery children and staff at risk
Packed lunch policy supports nurseries to keep children safe in the face of Government guidance uncertainty
The National Day Nurseries Association (NDNA) is calling for the Government to be honest with parents about “free” childcare places and stop risking serious allergic reactions or choking by encouraging parents to supply their own food in nursery.
Government-funded places – available to all children with working parents from the term after they become nine months old – do not include the cost of meals and snacks. Some children are in nursery for a ten-hour day so need three meals and regular healthy snacks throughout their day.
Department for Education guidance issued to local authorities last year – and recently updated for April 2026 – requires providers to offer the places to parents free of charge. It does not state exactly how they must do this and leaves it open to interpretation. Many parents voluntarily pay these charges for food, consumables such as nappies and suncream and activities over and above the early years curriculum.
Following pleas from nursery members, National Day Nurseries Association has published a template packed lunch policy which lists all the requirements nurseries must consider, including how to support the decision NOT to allow food to be brought in from home.
Tim McLachlan, Chief Executive of National Day Nurseries Association (NDNA) said: “We are calling this out for what it is – dishonest communications. These childcare places are not free, they are underfunded and some essential aspects such as food are unfunded too.
“And it’s more than that – this policy results in some parents insisting on taking their own food into nursery for their child. As well as a whole load of practical challenges this raises for nurseries, it’s potentially dangerous too.
“We know more children than ever have food allergies, so nurseries must be able to control what allergens are in the nursery. This is essential to keep children and staff safe. Nurseries are also inspected on this by Ofsted inspectors as well as the nutritional value of the food children eat during their day.
“The Government is encouraging local authorities to deal with this in their own way which is resulting in councils threatening to withdraw funding from nurseries who have always had a policy of not allowing food from home into their setting. The guidance states that nurseries must give parents who don’t wish to pay for food other alternatives – that doesn’t mean they have to allow packed lunches in. It could mean offering morning or afternoon sessions.
“If the Government wants parents to have places free of charge, they must increase the hourly funding to include food, as they do in Scotland.”
Some nurseries have stuck with their long-standing policy of not allowing parents to bring in food from home because it takes away control over allergens entering the nursery. NDNA has supported some at loggerheads with their councils who have threatened to withdraw their funding if they don’t comply with their interpretation of the guidance.
Other nurseries allow parents to bring in food but are worried about controlling allergens as well as the nutritional content of the food the children are eating. They are inspected by Ofsted on both these crucial points.
Case studies:
West Sussex
A PVI nursery with an award-winning menu refused to allow food in from home. The council insisted. The owner eventually compromised by allowing similar foods to the nursery menu, which the council eventually accepted. For example, allowing tomato pasta on a day they serve spaghetti bolognaise. She has worked with parents who have struggled with this to come to a solution.
Leicestershire
Another PVI nursery was extremely concerned about a staff member with a serious food allergy which could prove fatal and consequently does not allow food in from home. The council threatened to withdraw their funding. Instead, the nursery offered parents who did not wish to pay for additional charges specific sessions which included food with the cost absorbed by the nursery. The council is still considering whether this is acceptable.
NDNA’s packed lunch policy which is free for members to download encourages nurseries to share their policy with parents so they can make an informed choice about which nursery to send their child to. The template policy – which nurseries can adapt to suit their own setting – includes a clause about reserving the right to remove some foods that pose a choking or allergy risk.
The policy also states which types of food are acceptable to meet nutritional standards which the Government’s regulator Ofsted insists upon. It adds that parents who regularly fail to meet the standards set out in the policy will be invited to discuss solutions.
Some nurseries which don’t have fridge space will only accept food which is shelf-safe. Some won’t be able to warm up any food and others will only accept shop-bought food which has stated allergens on the label. There must not be any foods which pose a choking risk to children.
Tim added: “Nurseries with kitchens have a strong ethos around children sitting down round tables to eat the same foods together which encourages them to try broader tastes and learn more about food choices in a safe, caring environment. Often children try new foods they wouldn’t normally eat at home which most parents are very happy with.
“We would ask parents to choose to pay for meals in nursery if they can because of the huge benefits both to the child and to the busy working parent.
“With our packed lunch policy, we have tried to make sure that it’s possible for parents to adhere to this while at the same time keeping our nurseries and everyone in them safe and well.”
Download the new template policy here https://ndna.org.uk/product-category/england-nursery-policies-and-procedures/
NDNA has updated all its template policies reflecting the recent changes to Employment Law, including advice around changes which are due to be introduced from April 2026.
Key policies have been strengthened to reflect recent safeguarding concerns raised around whistleblowing, the use of CCTV, mobile devices and acceptable internet use. There are now 105 template policies to support nurseries.
- England
- Department for Education
- early education
- early years
- England
- funding
- NDNA
- nurseries
Similar Articles
Maths confidence soars as three early years settings complete NDNA’s Maths Champions programme
National nursery organisation slams council vote to remove parental choice from funded childcare offer
