LAWYERS have hailed an “early victory” for children of migrant families after the government agreed to temporarily extend the free school meal scheme. 

Ministers backed down on ending the provision for schoolchildren whose parents cannot access welfare benefits because of their immigration status after lawyers threatened to launch a judicial review. 

Solicitors representing three children affected argued that excluding this group from the scheme is discriminatory and incompatible with human-rights legislation.

In response to a pre-action letter, the government agreed last week to continue running the scheme pending the outcome of a review into the eligibility criteria. 

“No recourse to public funds” (NRPF) conditions are imposed on families who have not got permanent residency in Britain and prevent them from accessing welfare benefits and free school meals. 

In April the government temporarily extended the provision to children from some NRPF families, but campaigners expressed fears last month that thousands could go hungry if the scheme is not continued when students return to classrooms. 

Today the Children’s Society pointed out that free school meals are a vital lifeline for children of low-income NRPF families, and often the only hot healthy meal they receive each day. 

The charity’s policy manager Azmina Siddique said: “Families will feel the financial impacts of coronavirus for many years to come and no child should have to try and learn on an empty stomach because of their parents’ immigration status. 

“That’s why we are calling on the government to permanently extend free school-meals provision for all low-income migrant families who have no recourse to public funds.”

Associate Solicitor at MG&Co Rachel Etheridge, acting for the claimants, said: “The government has gone some way to addressing this issue through the temporary extension to FSM, which followed our earlier proposed claims for judicial review, and we hope the government will now do the right thing and make that change permanent.”