I've been posed a problem by the sibling of 17 year-old learning disabled young person, who is in residential care in one local authority, but goes to school in another. The 17 y.o. is in care coz mother died and father can't cope with the behavioural problems. The young person gets IS, IB and DLA. The schooling authority say that as Child Benefit is not in payment they will not award free school meals. I've checked section 512 of Education Act, which says if YP gets IS they get free school meals. Schooling authority say it's up to home authority to award free school meals. I can't find anything that supports this view. Which authority is obliged to provide free school meals??? and what law can I use to argue the case?

Hi Rob

The relevant provision is now section 201 of the Education Act 2002 and like the former Act makes no mention of child benefit, so you are right. Section 201(1) states: -

(1) A local authority may provide

(a) registered pupils at any school maintained by the authority,
(b) other persons who receive education at such a school, and
(c) children who receive relevant funded nursery education,
with milk, meals and other refreshments.

This makes it clear that the responsible authority is the authority that maintains the school and not, as in say paying care home fees, the authority where the person is ordinary resident.RegardsPaul

Thanks Paul, that's very helpful. Let battle commence.