Exclusive: Victory for Sheffield mum whose son missed out on year of education and school meals
After we reported on her story, she's had a full apology from the council - and it's hoped her case will set a legal precedent for the rest of the UK
Last updated 24th Oct 2023
It's hoped the case of a Sheffield mum who's been repaid hundreds of pounds for the free school meals her disabled son missed out on could set a legal precedent for the rest of the UK.
We previously reported on the story of 12-year-old Rio who has multiple conditions and spent the last year out of school.
During that time the law states he should still have been receiving the free school meals he was entitled to, in the form of packed lunches or supermarket vouchers. He should have also been provided with alternative access to education but Jennifer says he received nothing, despite her repeatedly asking for any worksheets or guidance on what topics the class were covering.
She ended up using her savings to pay for the resources to try and educate him herself, alongside being his fulltime carer.
After we covered Jennifer’s story in August, she says she has since received a full apology from Sheffield City Council as well as a backdated payment amounting to hundreds of pounds covering the year of free school meals he missed out on. She has also been reimbursed for the thousands of pounds she spent on educating Rio after providing receipts for things like online subscriptions, books, paper and a printer.
'Precedent case'
“It’s a major development for the UK,” says CEO of Equalities and Human Rights UK, Chrissy Meleady, who advocates for hundreds of families around the country.
“This is a precedent case that can now be used to further used to amplify the rights of other children.
“We’ve never had anybody reimburse the free school meals nor have we had them come forward and reimburse the costs for that period of time when they had the duty to provide those lessons. It’s the first of its kind in the UK and it’s a major victory.”
Sheffield City Council has now written to local schools to remind them of their legal responsibilities when it comes to the provision of free school meals.
Chrissy works with numerous other families in South Yorkshire and nationally who are facing similar issues and says she hopes Rio’s case will help them:
“We are hoping that the lesson has been learnt here in Sheffield and that lesson will now filter out to other local authorities and that this stops altogether. Because it has been breaking families. For many of them that one hot meal a day was a lifeline for them.
“We saw families having to go to foodbanks. We were having to deliver food packages on a daily basis where families were being crushed. And yet schools had the money (for the FSM) all that time.”
Rio now has an EOTAS package (education other than at school) which means he has lessons with a personal tutor each week. He is now studying maths at GCSE level and is thinking of pursuing a career in computers or technology.
'Don't be afraid of holding people to account'
“Every single day is a battle for families like ours and anyone in a similar situation knows that sadly, and it shouldn’t be the case,” says Jennifer.
“One of the messages I would say to other families is don’t be afraid. If you know that what’s happening to your young people isn’t right, if you know that they’re being failed, don’t be afraid of holding people in positions of authority to account.
“I hope that this small victory for our family will help encourage other people to stand up and demand what their children are legally entitled to. Because that’s all we’re saying, we're not asking for anything fancy here. That shouldn’t be a fight.”
Councillor Dawn Dale, Chair of Education, Children and Families Committee at Sheffield City Council said: “We recently issued a letter from the Schools Minister, Nick Gibb, to all schools and academies which reminded them of their duties in relation to Free School Meals (FSM). The letter says:
‘The free school meals provision should be made to eligible pupils either on the school premises or at any other place where education is being provided. This provision could, for example, take the form of lunch parcels or vouchers.
“The Minister’s letter refers to the fact that children who are electively home educated (withdrawn by the parent from a school roll) or are privately educated (educated in a private school paid for by the parent) are excluded from FSM eligibility. However, we have checked and children such as Rio who will be educated on an EOTAS package (education other than at school) are eligible as it is the local authority which has arranged for the education package.”
Cllr Dale added:
“We want to make sure that every student with special needs in Sheffield receives an education that meets their needs.
“We encourage anyone who has any questions or queries about the SEND provision they or their child are receiving to contact the head teacher and the Special Educational Needs Co-ordinator (SENCO) at the school, or the local authority.
“Places in special schools are allocated for children with education, health and care plans (EHCPs) in consultation with parents/carers and the student, the school and the Council.
“If a parent/carer and the student prefer a different school to the one that they have been allocated, they can state their preference to the Council.
“A multi-agency panel Education, Health and Care Panel then decides which school would be best for the student based on their needs, the parent and student’s preference and the available resources.
“When special school places are allocated, the local authority provides funding to the school for the school place and provision. Schools are required to ensure that children eligible for free school meals are able to receive them, even if they are not attending the school for a time.”