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(b) Pupils in other maintained schools up to the end of the Summer Term next after they
attain the age of seven.
(This means that children whose 7th birthday falls in the summer holiday, should receive
free school milk for the whole of the following year. This provision should cover some
8%-10% of children on average in the first year group of Junior Schools. It virtually
ensures that some supply of free school milk is distributed in all Junior Departments,
except possibly where the school roll is of small proportion.)
(c) Other pupils in Primary Schools (and Junior pupils in all-age and middle schools*)
where a school medical officer certifies that the pupil's health requires that he should
be provided with milk at school.
* Not applicable to schools in Hillingdon.
The Secretary of State did not consider it appropriate to issue advice or guidance to Authorities
about the criteria to be adopted by school medical officers in identifying children between 7 and
12 who need milk on grounds of health. This is regarded as a matter for the professional judgement
of school medical officers who have had long experience of identifying children in need of special
consideration for any one of a number of purposes. The provisions of the Act clearly envisage
that a certificate is given in respect of a child recommended for free school milk on health grounds
and that such a certificate is signed only by a medical officer of the Local Authority. A certificate
can be given from documentary evidence without carrying out a further medical inspection of the
pupil concerned. It is essential that all children in need of free school milk on health grounds are
identified and the co-operation of teachers, education, welfare and other officers, together with
other responsible persons in contact with pupils thought to be in need, is sought. Parents may
approach school medical officers directly or through the schools that their child may be in need
of milk on health grounds. Certificates issued by school medical officers generally will cover the
whole school year or the remainder of the school year. A school medical officer cannot certify
that a pupil's health requires that he/she be provided with more than one-third pint of free milk
a day at school.
Section 1(2) of the Education (Milk) Act, 1971 and 4(3) of the Regulations as amended,
confer on Local Education Authorities a new power to sell milk to pupils at schools maintained
by them and this includes senior pupils. The expense of providing milk under this power must
be defrayed by pupils or their parents and there is no provision for Authorities to reduce the charge
on hardship or other grounds. Authorities can decide the charge to be made which apparently
must cover the cost of supplying the milk. This power for Local Authorities to sell milk is a general
one and pupils who have been recommended to receive free school milk on health grounds (as
above) may buy extra milk if it is offered for sale. The power allows Local Authorities to offer
milk for sale at any time during the school day. The Authorities' power to sell milk is confined to
day pupils at maintained schools.
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