Future options of the school milk subsidy scheme: children's rights impact assessment

The Rights of Children and Young Persons (Wales) Measure 2011 places a duty on the Welsh Ministers to pay due regard to the United Nations Convention on the Rights of the Child (UNCRC) and its Optional Protocols when exercising any of their functions.

The Welsh Government is considering either (Option1) replacing the current assimilated law School Milk Subsidy Scheme (SMSS) implemented via a Wales, England and Northern Ireland joint strategy and administered in England and Wales by the Rural Payments Agency (RPA) (who are no longer able to administer the scheme for Wales), with a grant-funded model delivered through the Local Education Grant (LAEG) from April 2027 or (Option 2) discontinue the milk scheme due to learners being able to access milk via the Universal Primary Free School Meals (UPFSM) and (or) Breakfast provision and Free School Meals (eFSM).

The CRIA considers these two options and the impact on children in Wales and recognises their rights under the UNCRC.

The SMSS has operated since 1977. Following a reduction in EU subsidy in 2001, the UK and devolved administrations introduced a national “top-up,” with Wales establishing its own arrangements through the School Milk (Wales) Regulations 2008. After EU exit, the legal framework was retained. In Wales, participating schools can provide free milk to full-time pupils in Reception to Year 2, and subsidised milk to pupils in Years 3 to 6 and in special schools, funded by the Welsh Government through the SMSS.

Due to the delivery arrangements via the RPA coming to an end, and with changes to the school food landscape through Universal Primary Free School Meal (UPFSM),and free breakfast provision, underpinned by the updated Healthy Eating in Schools (Wales) Regulations, it is prudent to review the policy. 

Milk provision forms part of the wider school food environment. Alongside UPFSM, school breakfast provision and the Healthy Eating Regulations, schools promote healthy eating habits and encourage the consumption of nutritious foods and drinks, including milk and dairy products. This contributes to take-up of school food provision and supports healthy eating behaviours among learners.

The current SMSS delivery arrangements via the RPA are due to end, requiring new arrangements to be in place by April 2027. Welsh Government is considering two options:

• (Option 1): replacing the current assimilated law SMSS implemented through a joint Wales, England and Northern Ireland strategy and administered by the RPA, with a grant-funded model delivered through the LAEG from April 2027, or
• (Option 2): Discontinuing the dedicated milk scheme, while recognising that milk would remain available through school breakfast and lunch provision for participating learners.

The objective of Option 1 is to maintain existing milk entitlements for eligible learners through a simpler and more sustainable delivery model. The proposal would:

• replace RPA administration with LAEG-funded local authority delivery
• retain existing entitlements to free and subsidised milk, and
• reduce administrative burden by replacing the current claims-based system

This option is intended to support continuity of provision while aligning delivery more closely with wider school food programmes.

The objective of Option 2 is to determine whether a separate milk scheme remains necessary given the wider school food offer now available to learners since the SMSS was introduced, including UPFSM and school breakfast provision.

Learners would continue to have access to milk via the breakfast and lunch offer. However, as outlined in the Key Evidence Gaps section of the Summary IIA, evidence on future milk consumption is limited and based on learner participation.

Option 2 could deliver administrative simplification and reduced delivery costs for schools and local authorities but may make a weaker contribution to the policy objectives currently supported by the SMSS.

Option 1

Evidence

Option 1 supports sustainable development by maintaining existing access to free and subsidised milk for eligible learners through a new delivery model. Milk can contribute to children's nutrition and wider health outcomes as part of a balanced diet. 

Stakeholder engagement with local authorities, schools, suppliers and the RPA identified that the current claims-based model can be administratively burdensome and may act as a barrier to participation. This evidence informed the development of a simplified grant-funded model delivered through the LAEG.

A range of existing evidence has informed the continuation of this policy and development of its delivery:

• Nutritional evidence indicates that milk contributes positively to children’s hydration, bone health, dental health, and overall development. The Eatwell guide shows the proportions and different types of foods to achieve a well-balanced diet.
• Research from The International Dairy Federation shows that school milk schemes are associated with improved intake of calcium and vitamin D, alongside positive impacts on growth indicators. 
• Evidence from Frontiers in Nutrition suggests that dairy intake is linked to improved cognitive function in children aged 6 to 12. 
• Policy evidence within Wales highlights that school food interventions (Healthy Weight Healthy Wales and The Healthy Eating in Schools(Wales) Measure 2009 and The Healthy Eating in schools regulations 2025) for example including milk, contribute to: 
  • improved wellbeing
  • better behaviour and concentration
  • improved educational attainment
  • reduced inequalities

School milk procurement and claims data demonstrate that the SMSS provides a substantial volume of milk to learners across participating schools in Wales.

Engagement with children and young people

No direct engagement with children and young people specifically on Option 1 has been undertaken to date. For most learners, Option 1 concerns a change to the delivery mechanism rather than entitlement or day-to-day provision. However, as the wider consultation will include proposals that could affect eligibility for a small number of learners, appropriate opportunities will be provided for affected children and young people to express their views.

Options 2

Evidence

Discontinuing the SMSS would not affect schools' obligations under the Healthy Eating Regulations, and learners would continue to have access to food and drink through the wider school food offer, including milk.

However, there is insufficient evidence to determine whether learners currently accessing milk through the SMSS would consume equivalent quantities if the dedicated scheme ceased. As a result, some learners may have fewer opportunities to access milk during the school day, although the extent of any resulting health impact is uncertain.

Milk provides protein and a range of essential vitamins and minerals, including calcium, vitamin A, B vitamins, iodine and vitamin D, which support healthy growth and development and contribute to healthy bones and teeth. However, available evidence suggests that any population-level nutritional impacts of discontinuing the scheme are likely to be limited, as these nutrients may also be obtained through other dietary sources and wider school food provision. 

To assess the potential impact of ceasing the SMSS, Welsh Government has gathered evidence regarding current levels of milk consumption by learners, the extent to which milk is already available through UPFSM and school breakfast provision, and the potential nutritional, equality and wellbeing impacts of removing the dedicated milk scheme.

In regard to Option 2, UPFSM and free breakfast provision would continue to be provided in accordance with the Healthy Eating Regulations, with milk available to learners under both offers. However, removing the dedicated SMSS could reduce the frequency with which some children consume milk during the school day, particularly where they do not participate in breakfast provision or choose alternative drinks at lunchtime.

According to National Diet and Nutrition Survey (NDNS) 2019 to 2023 data, the strongest nutrient concern associated with milk consumption is iodine intake, particularly among girls aged 11 to 18 years. The evidence also suggests children generally consume more than the recommended daily intake of calcium and protein, meaning a modest reduction in milk consumption would be unlikely to have a substantial effect on intakes of those nutrients.

The World Health Organization (WHO) states that healthy diets and good nutrition also support educational and learning objectives, while UNICEF and partners describe school health and nutrition programmes as important investments in learners’ well-being and development (WHO, 2023). The SMSS is a well-established and widely recognised intervention which supports this ethos. While the specific contribution of the SMSS to educational outcomes is difficult to isolate, any changes in access to nutritious foods and drinks within the school environment should be considered in the context of wider learner wellbeing. 

Particular consideration has been given to children who may rely on school milk as a regular source of nutrition and whether equivalent provision would continue through existing school food arrangements.

Engagement with children and young people

No direct engagement with children and young people has been undertaken at this stage. As Option 2 could affect how some children access milk during the school day, learner views should form part of the evidence base before any final decision is taken. Engagement undertaken as part of the planned consultation will therefore include an appropriate method for obtaining the views of younger children, including learners in Reception to Year 2 who are among those most directly affected by the current free milk entitlement. Given their age, this will not rely solely on the main written consultation document. Appropriate, accessible and age-sensitive methods of engagement will be used so that younger children have a meaningful opportunity to express their views.

The approach will be designed to support the child’s right to express their views in matters affecting them under Article 12 of the UNCRC.

Whilst no direct engagement with learners on the future of the SMSS undertaken to date, in 2025 Welsh Government gathered views from almost 1,000 children and young people through the consultation on the Healthy Eating in Schools Regulations. Children and young people generally supported measures to promote healthier food and drink in schools. Over half of respondents supported proposals to limit school drinks to plain water, plain milk and plain plant-based alternatives, although some children expressed a preference for soft drinks and squash. This suggests that learners recognise milk as an established part of the healthy school food offer, whilst also highlighting the importance of considering learner preferences when making changes affecting food and drink provision. These findings provide useful contextual evidence but do not replace the need for specific engagement on the future of school milk provision.

 As part of the planned consultation, specific arrangements will be made to enable children and young people to express their views in ways appropriate to their age and understanding. This will include an approach suitable for younger primary-aged learners, particularly those in Reception to Year 2, rather than relying solely on the main written consultation. The resulting evidence will be considered alongside responses from parents, schools, local authorities and other stakeholders before any final policy decision is made.

UNCRC articles or optional protocols which relate to our proposed legislation

In preparing this CRIA, consideration has been given to the UN Committee on the Rights of the Child's Concluding Observations on the combined sixth and seventh periodic reports of the United Kingdom, particularly those relating to:

• the best interests of the child
• respect for the views of the child
• children with disabilities
• health and health services

This CRIA has considered the policy proposals and the impact of either discontinuing the SMSS, given learners can access milk through UPFSM and free breakfast provision, or introducing a new Welsh scheme delivered through the LAEG from April 2027.

Option 1 is assessed as enhancing children rights by maintaining access to milk for eligible learners. Option 2 may have mixed impacts, as alternative provision remains available, but access could become less consistent for some children.

Article 1 and Article 2: non-discrimination

Option 1 is expected to have a positive impact on Articles 1 and 2 as it maintains existing entitlement to free and subsidised milk for eligible learners. The proposal supports continued and equitable access to nutritional provision regardless of background or personal circumstances.

Option 2 may present challenges under Articles 1 and 2 because some groups of children could be disproportionately affected by the withdrawal of a dedicated milk scheme. The most significant potential impacts may relate to inequalities in access to healthier drinks and supportive food environments, particularly for children from more socioeconomically disadvantaged households, learners attending special schools and learners who do not routinely access breakfast provision or school meals. While alternative provision remains available, there is insufficient evidence to determine whether all learners would access milk to the same extent.

Article 3: all organisations concerned with children should work towards what is best for each child

Option 1 maintains existing provision, Although Independent schools may be affected if eligibility is removed under the replacement scheme following consultation. The best interests of the child are a primary consideration in assessing whether the continuation of a dedicated milk scheme remains necessary.

While milk would continue to be available through free breakfast and UPFSM provision, the evidence currently available does not demonstrate whether children presently benefiting from the SMSS would continue to consume equivalent quantities of milk if the scheme were withdrawn. This uncertainty has been treated as a material consideration in assessing Option 2.

Article 6: all children have the right of life. Governments should ensure that children survive and develop healthily

Option 1 supports Article 6 by maintaining access to milk, which contributes to children's nutrition, growth and healthy development. Continuation of the scheme also reduces the risk of disruption to an established source of nutritional support.

Option 2 may have a neutral to negative impact on Article 6. Whilst access to milk would not be removed entirely, the withdrawal of a dedicated scheme may reduce the frequency with which some children consume milk during the school day. The impact may be more significant for children who rely on school milk as a regular source of nutrition.

Article 12: children have the right to say what they think should happen, when adults are making decisions that affect them, and to have their opinions taken into account

Children should and will be consulted, in an age-appropriate way, before a final decision is taken.

As Option 1 largely maintains existing provision, the impact on Article 12 is limited. However, learner feedback could still inform future evaluations of the scheme and broader school food policy. Learner views would be sought through planned public consultation and considered before any final decision is taken.

As Option 2 could affect how some learners access milk during the school day, learner views would be sought through planned public consultation and considered before any final decision is taken.

Article 13: access to Information

Children have a right to receive information relevant to decisions affecting them. If the policy changes, information will need to be communicated in an age-appropriate and accessible format. Option 1 provides an opportunity to ensure learners and families receive clear information regarding milk provision and entitlement.

This would be particularly important under Option 2, where a dedicated source of milk provision may cease and learners may need information about alternative routes to access milk through school food provision.

Article 23: ensures that children with disabilities have equal rights to family life, education, healthcare, and social participation, with support tailored to their needs

Option 1 maintains existing provision and is not expected to adversely affect learners with a disability or learners with ALN.

Under Option 2, some learners with a disability or with ALN may be disproportionately affected if they rely on the consistency and routine provided by dedicated school milk provision, although the extent of any impact is uncertain.

Article 24: children have the right to good quality health care and to clean water, nutritious food and a clean environment so that they will stay healthy

Dedicated access to nutritious milk is maintained under Option 1.

Option 2 may result in less consistent access to milk for some learners, although alternative routes to provision would remain available through existing school food programmes alternative routes to provision would remain available through existing school food programmes.

Evidence from the recent consultation on the Healthy Eating in Schools Regulations demonstrates broad support for healthier food and drink provision within schools. Over half of respondents supported proposals to limit school drinks to plain water, plain milk and plain plant-based alternatives, and children and young people generally supported measures designed to promote healthier school food. These findings suggest that milk is viewed as an established component of a healthy school food environment and are relevant when considering the potential impacts of changes to school milk provision under Article 24 of the UNCRC.

Article 26: the Government should provide extra money for the children of families in need

Option 1 continues government-funded support for access to free and subsidised milk.

Option 2 removes this specific support mechanism, although wider school food programmes, including free school meals and breakfast provision, would remain available to learners. Children from lower-income households may be more reliant on school-based nutritional support. Although milk would remain available through free breakfast and UPFSM provision, the withdrawal of a dedicated scheme could reduce the consistency of access for some learners. This could engage Articles 26 and 27 where school milk forms part of a child's broader nutritional support.

Article 27: children have a right to a standard of living that is good enough to meet their physical and mental needs. The Government should help families who cannot afford to provide this

Option 1 supports access to nutritious food and drink within the school environment, helping to support children's wellbeing and living standards. 

Option 2 may result in less consistent access to milk for some learners, although alternative routes to provision would remain available through existing school food programmes.

The absence of direct learner engagement at this stage represents a limitation in the evidence base and will be addressed through planned public consultation activity.

Option 1

Option 1 is assessed as having a neutral impact on children and young people. The proposal maintains existing entitlement to free and subsidised milk while introducing a new delivery mechanism through the LAEG. For the majority of learners, eligibility and provision would remain unchanged and no adverse impacts on access to the scheme have been identified. However, Welsh Government is consulting on the potential removal of independent school eligibility and, if implemented, a small number of learners attending the affected institution could no longer benefit from Welsh Government-funded milk provision unless alternative funding arrangements were put in place by the school. The scale of the impact is expected to be limited as only one independent school currently participates in the scheme.

The principal risk relates to implementation and consistency of delivery across local authorities. This risk is considered low and would be managed through grant conditions, monitoring arrangements and ongoing engagement with delivery partners.

Option 1 is not expected to have a direct impact on children's entitlement to free or subsidised milk. Equally, the continuation of the SMSS is not expected to have any significant adverse health impacts. School meals and breakfast provision are already required to comply with the Healthy Eating Regulations and associated nutritional standards.

The SMSS sits alongside, rather than within, the statutory nutritional standards that apply to school breakfasts and lunches, therefore provides an additional opportunity for learners to access milk during the school day. Milk contains calcium, protein and vitamins which support growth and development. While some learners may access milk through multiple school food programmes, the relatively small portion sizes involved mean any risk of excessive consumption is considered low. The principal consideration is therefore the extent to which a dedicated milk scheme improves accessibility, uptake and equity of access in comparison with provision already available through school meals and breakfast services.

The policy is expected to have a broadly positive impact on children and young people:

• All eligible children in Maintained schools (Reception to Year 6) will continue to benefit from access to free or subsidised milk, supporting health and wellbeing.
• Children from low-income households are likely to benefit most, as the scheme reduces food insecurity and provides consistent access to nutrition.
• Children in schools previously deterred by administrative complexity may benefit from increased access and participation due to simplified processes.

Potential negative impacts and risks

• If local authorities deprioritise the scheme and not accept the grant offer, some children could experience reduced access compared to others.
• If independent school eligibility were removed following consultation, a small number of learners attending the affected institution could no longer benefit from Welsh Government-funded milk provision.

These risks are mitigated through the grant terms and conditions and ongoing monitoring and engagement with local authorities and Schools.

Option 2

Option 2 is assessed as having a potentially neutral to negative impact on children and young people. While learners would continue to access food and drink through the wider school food offer, the removal of the SMSS would remove a dedicated route to milk provision. There is insufficient evidence to determine whether learners currently accessing milk through the SMSS would consume equivalent quantities if the scheme ceased.

The assessment cannot assume that all children currently accessing school milk would consume an equivalent amount of milk through alternative provision. Consequently, there is a risk that some children could experience reduced access to milk, particularly those who do not participate in breakfast provision or school meals. This could have implications for Articles 24 and 27 of the UNCRC and may disproportionately affect disadvantaged children.

The overall impact of ceasing the SMSS is assessed as potentially neutral to negative. While many children may continue to access milk through UPFSM and free breakfast provision, there is a risk that some children may experience reduced access to milk and the nutritional benefits associated with it. Particular consideration should be given to children from low-income households, children attending special schools, and any groups who may rely on school milk as a regular source of nutrition. 

There is insufficient evidence to determine whether learners currently accessing milk through the SMSS would consume equivalent quantities if the scheme ceased. This uncertainty may be particularly relevant for:

• learners from lower-income households
• learners with ALN or attending special schools
• learners who do not routinely access UPFSM or free breakfast provision, and
• learners who currently access milk only through the dedicated scheme

Further evidence and engagement with children, schools, local authorities, suppliers and other stakeholders will be required via the planned public consultation to determine whether existing school food provision provides an effective and equitable alternative to the current scheme.

Communicating with children and young people

Information about the consultation and any subsequent decision will be communicated to children and young people in an accessible and age-appropriate way. The communication approach will recognise that the learners affected by the current scheme include young primary-aged children, particularly those in Reception to Year 2.

The planned consultation will therefore not rely solely on the main written consultation document to obtain children's views. Appropriate methods will be used to enable younger learners to understand the proposed changes and communicate their views in a way suitable to their age and understanding.

Information provided to learners will focus on what the proposed options could mean for them in practical terms, including whether and how they would continue to receive milk at school. Consideration will also be given to accessibility for children with additional learning needs and to whether support from schools or trusted adults is needed to facilitate participation without substituting adults' views for those of the child.

Following consultation, consideration will also be given to how the outcome and any changes to school milk provision should be explained to children and young people in an accessible format.

Consultation engagement has been arranged with Youth Wales to discuss both options and the impacts they will have on Children and young people.

Option 1

Learner feedback may be considered as part of any future review or evaluation of school food provision, including the milk scheme. Where consultation proposals relating to independent school eligibility are implemented, feedback from affected learners, schools and stakeholders may also be considered as part of post-implementation monitoring and evaluation

Option 2

As Option 2 could affect how some children access milk during the school day, learner views should be sought before any final decision is taken. Engagement would focus on understanding:

• how learners currently access school milk
• whether they would continue to access milk through wider school food provision
• whether particular groups believe they would be adversely affected by the withdrawal of the scheme

Feedback from learners, alongside evidence from schools, local authorities and other stakeholders, would inform future decision-making and help ensure compliance with Article 12 of the UNCRC.

The CRIA will be kept under review as the policy develops and, where applicable, throughout implementation.

For Option 1, monitoring will focus on implementation of the new delivery model, the consistency of provision, and any impacts arising from changes to scheme eligibility following consultation. Ongoing engagement with local authorities, schools and delivery partners, supported by grant conditions and reporting requirements, will inform this process.

If Option 2 is progressed, monitoring will focus on the impact of discontinuing the SMSS on children’s access to milk and wider school food provision, with particular consideration given to disadvantaged learners and groups identified within this CRIA.

The CRIA will be continually reviewed and updated to reflect changes and evidence from further engagement with learners, schools, local authorities and other stakeholders.