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Free pre-school milk scheme in Scotland ruled unlawful

Daphne
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<a href=“https://www.bbc.co.uk/news/uk-scotland-60175599”>BBC reports -

Part of a Scottish government scheme to provide a healthy snack and milk to pre-school children has been declared “unlawful and irrational” by a judge.

The scheme gives children who attend nursery or a childminder a third of a pint of milk and a snack such as fruit every day.

It replaced a similar UK-wide scheme in August of last year. But there have been complaints that it has resulted in many childcare providers being left out of pocket.

In his written judgment, Lord Braid said: “A number of settings have complained to the petitioner that the cost of acquiring milk from agents is no longer covered, and that they are faced with a choice between covering the shortfall themselves, or purchasing from other suppliers such as supermarkets, diverting staff resources to carrying out that task.

The petitioner asserts that the scheme has had the opposite effect from that intended, in that it reduces the incentive to buy from local suppliers.”

Lord Braid said he had decided that the consultation process, at least over the way the local serving rates (LSRs) developed, was unfair and that the legal challenge to the regulations and guidance over a lack of proper consultation must succeed.

He concluded: “I have decided that the new scheme is unlawful in that the respondent did not undertake a proper consultation on a key aspect of it, the LSRs, and the fixing of the LSRs was irrational”.

Judgment - https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2022csoh11.pdf?sfvrsn=9646f847_1

[ Edited: 31 Jan 2022 at 12:46 pm by Daphne ]