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Scotland: Free school meals/bridging payment when home schooling?

Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Council says no free school meals or bridging payments when home schooling.

Seems to go against the policy intention of both payments - is there any guidance/legislation to rely on or is it purely down to the councils’ discretion?

Vonny
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Welfare rights adviser - Social Inclusion Unit, Swansea

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I would see if you can find guidance on the Scottish gov website, that is what I would do for a similar issue in Wales

Va1der
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I had looked :) - the website wasn’t very useful. Just detailed the income related/benefits criteria.

You did prompt me to dig a bit deeper though, and I found reg 53 of the Education (Scotland) Act 1980, which seems to be the relevant bit, however it doesn’t help:
“53. Provision of school meals
(1)This section applies to—
(a)pupils in attendance at public schools and other educational establishments under the management of an education authority, and
(b)pupils who receive school education under arrangements entered into by an education authority under section 35 of the Standards in Scotland’s Schools etc. Act 2000 (provision of school education by persons other than education authorities).”

Neither the education nor standards act seems to deal with home schooling with regards to food.

[ Edited: 22 Feb 2022 at 12:36 pm by Va1der ]
Vonny
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Va1der - 22 February 2022 12:27 PM

I had looked :) - the website wasn’t very useful. Just detailed the income related/benefits criteria.

.

I have the same problem with the welsh one :)

Mark Willis
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Hi Va1der and Vonny
There is some discretion under s53(5) for local authorities “to provide or secure the provision of food or drink free of charge… in relation to pupils who satisfy such conditions as the authority thinks fit”.

However, this could still hit an obstacle as I am not sure if home-schooled children count as “pupils in attendance”.

There does not appear to be any mention of free school meals in the following information:

gov.scot/publications/home-education-guidance/pages/1/

enquire.org.uk/publications/home-education-and-asl/

The issue has been raised by Home Education Scotland in relation to the hardship payments (family pandemic payments): homeeducationscotland.org.uk/2020/12/20/he-children-should-not-miss-out-on-winter-payment/
See also this blog from the campaign group and forum for home education: scothomeed.co.uk/school-centric-rules-exclude-low-income-home-educating-families which says “Free school meals (FSM) are, of course, only available to children who are educated at school”.

Although there might be an argument that children should be treated the same whether home-educated or not, with reference to UN Convention on Rights of the Child:

Article 28: 1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:
…(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need

This is due to be incorporated into Scots law by the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill, but cannot enter into force until the UK Supreme Court’s concerns have been addressed, reconsidered by the Scottish Parliament and Royal Assent has been given.

Mark

Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Same problem I encountered - couldn’t find anything to say HE children met the definitions of “pupil” or “attending (an authorised institution - including where the authority has employed an alternative institution)”. Thus seem to fall outside the scope of the regs. By the other materials you cite it doesn’t look like there is anything to my hope there would be a separate provision hidden somewhere.

I was considering looking at discrimination - my client’s children are disabled (I haven’t confirmed this is why HE, but seems likely). Would imagine this applies disproportionately to, say, traveller communities too.