derivertive right to reside as the carer of a british child

We have a case where the Latvian client has separated from her former Polish partner (not married and no extended family member document) due to DV.

The client lived in the UK from 2008 registered employment then moved in with the abusive partner 2010 and lived with him as a housewife until 20/05/16 then moved into a refuge and claimed IS. Which has been refused and is under appeal.

The child was born 19/10/11 and has British nationality we are sure this is because the farther had gained permanent residence prior to the birth as the Home Office Rules on Children of EU Nationals are quite clear on this.

Our client has no EHIC that covers the appropriate 5 year period so we are unable to argue self sufficiency.

We had thought this case dead in the water however the child has now started school so my question is.

Can the mother now claim IS as the primary carer of a child in education.

Regards

Yes IS entitlement should be a goer so long as the father was working during a period when the child was resident in the UK - establishing evidence of the father’s employment may be the tricky bit; I think there’s been a previous thread or 2 on this topic.