| SPOTLIGHT |
A single mother of two primary school children has commenced a legal challenge against the Welsh Government over its decision to scrap free school meals during the summer holidays.
Public Law Project (PLP), the legal charity, said the mother, who is seeking asylum in the UK, received notice of the Welsh Government’s decision by email from the school a few weeks before the end of term.
The mother is unable to work and cannot claim benefits whilst she is seeking asylum.
She and her two children receive section 95 support given to asylum seekers who would otherwise be destitute, totalling £125 per week, said Public Law Project.
Acting on Nadia’s behalf, lawyers at PLP said that the Welsh Government’s decision to scrap free school meals over the summer holidays “may be unlawful because the Government did not appear to take steps to consider how the decision could impact people who are socio-economically disadvantaged or how it could mitigate those impacts”.
The organisation said that Section 1 of the Equality Act 2010 requires public authorities, when making ‘decisions of a strategic nature about how to exercise their functions’, to have ‘due regard to the desirability of exercising them in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage’.
According to PLP, the Welsh Government’s decision may also be unlawful if it did not carry out an Equality Impact Assessment.
Public Law Project Solicitor Matthew Court said: “The Welsh Government does not appear to have taken any of the steps required by its own guidance on how to act in accordance with the rules on decisions that affect people who experience socio-economic disadvantage.”
He added: “Carrying out an Equality Impact Assessment is one way for authorities to ensure their decisions do not breach Section 149 of the Equality Act 2010. This section of the Act requires public authorities, when carrying out their functions, to have due regard to the need to eliminate discrimination and advance equality of opportunity between people who share a protected characteristic and those that do not.
“Every Government must sometimes make difficult and unpopular decisions, particularly when resources are limited. But the question is, should they do so without considering the impact on vulnerable people, especially when that means scrapping a service that is vital to ensure children are properly fed? The short notice has really left my client and many parents like her in the lurch.”
The legal action also references the Rights of Children and Young Persons (Wales) Measure 2011 which requires the Welsh Ministers to have “due regard to the requirements of the UN Convention on the Rights of the Child”.
A Welsh Government spokesperson said: “A pre-action letter outlining a proposed judicial review has been received in relation to the provision of free school meals over the school holidays. In light of this, it would not be appropriate for the Welsh Government to comment further at this time.”
Lottie Winson
