Summary: Mrs X complained her son, W, did not receive free school meals because their school failed to make adjustments for their needs. We cannot investigate this complaint, because we cannot investigate the actions of the school.

The complaint

1. Mrs X complained her son, W, did not receive free school meals because their school failed to make reasonable adjustments for their needs. Mrs X also complained about the quality and quantity of a food package W received from the school on the last day of summer term 2023.
2. Mrs X said this put W at a disadvantage and caused her a financial burden and stress.

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The Ombudsman’s role and powers

3. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

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How I considered this complaint

4. I have considered:
• all the information Mrs X provided and discussed the complaint with her;
• the Council’s response to Mrs X’s complaint and the school’s response to her complaint; and
• relevant law and guidance.
5. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Relevant law and guidance

6. Children whose parents are on certain benefits receive free school meals to help them access education as fully as their peers,
7. The Education (Transfer of Functions Concerning School Lunches etc.) (England) (No.2) Order 1999 transferred the duty to provide free school meals for eligible children from councils to the governing bodies of maintained schools.
8. Government guidance, “Free school meals: guidance for local authorities, maintained schools, academies and free schools” sets out that where a child has a disability that affects their ability to eat free school meals, schools must make reasonable adjustments to help that child.

Background

9. Mrs X complained about how W’s school provided free school meals from January 2022 to July 2023. She said the meals on offer did not meet W’s sensory needs, stemming from their disabilities. Mrs X was also unhappy with a package of food she received from W’s school on the last day of term in July 2023. She said it was not large enough for its intended purpose and still did not meet W’s sensory needs. The school prepared that package itself.
10. The Council has a contractual arrangement with schools in its area. For a cost, it prepares and delivers lunches to the schools, which then distribute them to children on roll. The lunches are either for a price or for free, where the child is eligible for free school meals. The Council has that arrangement with W’s school.

Findings

11. The duty to provide free school meals for eligible children lies with the governing bodies of maintained schools. This means that while the Council delivers free school meals to W’s school, the school is ultimately responsible for giving those meals to W and for making reasonable adjustments to meet their disability related needs. Similarly, W’s school decided to create the end of term food package and the Council was not involved.
12. We cannot investigate the actions of schools, except where they relate to delivery of the provision in a child’s Education, Health and Care Plan or in relation to school admissions. Therefore we cannot investigate either part of Mrs X’s complaint.

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Final decision

13. I have ended my investigation because we cannot investigate the actions of the school.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman