Children in the UK — school, meals, help from council

Q: The school is asking for a passport before registering — is that lawful?

No. A school cannot refuse a child because of a lack of passport or immigration documents. Proof of address can be a letter from NASS, the Home Office, the hotel manager, or a GP. Previous school records are helpful but not required.

Q: I am an asylum seeker — can my child attend nursery for free?

Yes — but only partially. All children aged 3–4 get 15 free hours per week regardless of their parents' status (the universal scheme). Two-year-olds in families on Section 95/98 asylum support also get 15 hours. The 30-hour working-parent offer is not available to asylum seekers — it requires a residence test.

Q: I was refused Section 17 — what should I do?

Ask for the refusal in writing. Contact a community care solicitor — legal aid is available for destitute families. Apply for judicial review within 3 months. Call Project 17: 020 7138 8662. Under LR v Coventry [2025] EWHC 20 (Admin) the council cannot pay less than £49.18 per person per week.

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No time to read — just need help right now

Urgent: nowhere to live, no food, child in danger

The council MUST help any family with a child — even without status, even with NRPF. This is Section 17. It is free. It is not immigration. It will not harm your case.

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Where to start

4 steps

Register for school firstContact the education department at your local council. A place will be found even without a permanent address — a letter from NASS, a hotel or a GP is accepted as proof of address.
Make sure your child gets free mealsIf you are on Section 95/98 asylum support, apply through the school. This is not just about food: it also unlocks Pupil Premium (£1,550/year) and HAF summer activities.
No money and nowhere to live — Section 17This is the most important tool. The council must help any family with a child regardless of immigration status. The script to use is in section 07 below.
If your child has special needs — request an EHCPYou (not just the school) have the right to write directly to the council asking for an EHC assessment. If your child has NRPF — applying for DLA before age 18 carries no immigration consequences.

If you have immigration difficulties, speak to an OISC-registered adviser. This page covers help with children only — not immigration advice.

What am I entitled to?

4 statuses

Your immigration status determines what is available to you. This is the "asylum support paradox": Section 95 is a passport to some entitlements but blocks others. Check each entitlement separately.

Asylum seeker (Section 95/98)

School for all children aged 5–16
15 hrs/week childcare for children aged 3–4 (universal)
15 hrs/week childcare for 2-year-olds (via s.95/98)
Free School Meals (targeted) + HAF + Pupil Premium
Home Office ASPEN top-ups: pregnant £5.25/wk, baby under 1 £9.50/wk
Section 17 from council (if additional help is needed)
30 hrs/week working-parent childcare — NOT available
Tax-Free Childcare — NOT available
Child Benefit — NOT available (until asylum is granted)
Universal Credit — NOT available

Refugee / Humanitarian Protection

Everything from asylum seeker (above)
Child Benefit from date of grant (£27.05/wk first child, £17.90/wk each additional)
UC child element — for every child (from 6 Apr 2026 — no two-child limit)
30 hrs/week childcare (if working)
Tax-Free Childcare (if working)
Healthy Start (if on UC + earnings at or below £408/month)
42 days from grant — claim UC immediately

NRPF (leave without recourse to public funds)

School for all children aged 5–16
15 hrs/week childcare for children aged 3–4
15 hrs/week for 2-year-olds (if income at or below £26,500 / London £34,500)
Free School Meals (NRPF threshold: outside London from £22,700, London from £31,200)
Section 17 — PRIORITY route (best option)
DLA for child under 18 — CAN apply, no immigration consequences
Healthy Start NRPF (email healthystartNRPF@nhsbsa.nhs.uk) if income at or below £408/month
Child Benefit — not permitted (Schedule 3 NIAA 2002)
Universal Credit — not permitted
30 hrs childcare — not permitted

UASC (unaccompanied child)

Automatically a looked-after child (Children Act s.20)
Foster care or housing from the council
A social worker
Pupil Premium Plus £2,690/year
Personal Education Plan (PEP) — within 10 days of starting school
Initial Health Assessment (IHA) — within 20 working days
16–19 Bursary up to £1,200/year
Care leaver: Setting-Up-Home Allowance min. £3,000; HE Bursary £2,000

Data as of May 2026. → Full entitlement table by status

School and education

5 facts

Compulsory education 5–16 — no exceptionsEducation Act 1996 s.7. A school cannot refuse a child because of the parents' status, a missing passport, no permanent address, or missing vaccinations.
No passport — a letter from NASS / Home Office / hotel / GP is acceptedPrevious school records are helpful but not required. The school has no right to wait for documents — it must admit the child immediately.
Not getting a place — Fair Access Protocol (FAP)FAP requires the council to find a place within 20 working days. Asylum seekers and refugees are a priority category (s.86–88 SSFA 1998 + DfE School Admissions Code 2021). Contact the council education department and mention FAP.
Child does not speak English — EAL support is requiredSchools must help children with English as an Additional Language. For key meetings (exclusions, EHCP, safeguarding) demand an interpreter under the Equality Act 2010. Say: "Under the Equality Act 2010 and your Public Sector Equality Duty, please arrange a professional interpreter."
16–18: free continued educationAll 16–18-year-olds study free regardless of status (Education Act 1996 + ESFA). Asylum seekers are explicitly included (DfE 16–19 funding rules para 40(f)). Courses for those aged 19+ may have residence requirements — check with the specific college. Apprenticeships are only available for refugees and those with the right to work plus 3 years' ordinary residence.

Need a uniform? Help is available. Many councils give a uniform grant (Wandsworth £170, Tower Hamlets £150, Greenwich £150, Islington £150 — ask at the school office or council). Free uniform banks: ftct.org.uk (School Uniform Bank Directory). Free SIM: National Databank (Good Things Foundation) — 25–40 GB/month, collect at 4,000+ Digital Inclusion Hubs.

→ More detail: how to register a child for school without an address

Free School Meals

3 tiers · from September 2026

From September 2026 there are three separate tiers of Free School Meals in England — each with different rights and different add-ons.

Universal · automatic

UIFSM — Reception, Y1, Y2

All children in Reception, Year 1 and Year 2 receive free meals automatically — no application, no status check.

Important: still apply for benefits-related FSM through the school — this unlocks Pupil Premium £1,550/year (primary) / £1,100/year (secondary).

Targeted FSM · full package

Section 95/98 or UC earnings at or below £7,400/year

If you are on asylum support or on UC with net earnings at or below £7,400/year — you qualify for targeted FSM. This is the full package:

Free hot meal every school day
Pupil Premium £1,550/year (primary) / £1,100/year (secondary)
HAF — holiday activities and food
Extended school transport (2–6 miles, ages 11–16)

Expanded FSM · from 1 Sept 2026 · NEW

All UC households (no income cap)

Children's Wellbeing and Schools Act 2026 — from 1 September 2026 all children from UC households receive free meals. But this is meals only:

No Pupil Premium. No HAF (holiday food). No extended transport. Around 500,000 new children will receive meals, but not HAF — this is the "holiday hunger gap".

NRPF — a separate form. If you have NRPF, ask the school for the "NRPF self-declaration form". Income thresholds: outside London £22,700 (1 child) / £26,300 (2+); London £31,200 / £34,800. Capital at or below £16,000.

→ More detail: how to apply by immigration status

Childcare (nursery)

4 schemes

The "free hours" system consists of 4 separate schemes with different rules. Qualifying for one does not mean you qualify for another.

15 hrs/week — children aged 3–4: for everyone, no status check570 hours per year. No need to apply via gov.uk — contact the childcare provider directly. This applies to asylum seekers, NRPF families, refugees — everyone.
15 hrs/week — 2-year-olds: for families on Section 95/98/4 or NRPF (subject to income)If you are on asylum support under Part VI IAA 1999 (Section 95/98/4), your 2-year-old also gets 15 hours. If you have NRPF — income must be at or below £26,500 (outside London) / £34,500 (London) and savings below £16,000 (1 child).
30 hrs/week for working parents — asylum seekers and NRPF families are blockedRequires a residence test and right to work. Asylum seekers fail the residence test — even if they have permission to work. NRPF families also fail. Only available to refugees and those with regular leave to remain.
Tax-Free Childcare (20% top-up, up to £2,000/year) — also blockedNot available to asylum seekers or NRPF families. Refugees who are working — yes.

Section 17 childcare. If you have NRPF and mainstream schemes are unavailable, ask the council for a child-in-need assessment. Section 17 can cover childcare if the child is "in need".

→ More detail: childcare scheme by status and child's age

Money: Healthy Start, Child Benefit, UC

3 routes · April 2026

Healthy Start — three separate routes

Refugees on UC

Standard NHS scheme

For pregnant women and children under 4. Earnings at or below £408/month after tax. Card: £4.65/week (child aged 1–4), £9.30/week (under 1 / pregnant). Apply at healthystart.nhs.uk

NRPF + British child

NRPF ex-gratia scheme

Child under 4 + earnings at or below £408/month. Apply only by email: healthystartNRPF@nhsbsa.nhs.uk (very few families know about this scheme).

Asylum seekers (Section 95)

ASPEN top-ups from the Home Office

A separate scheme — not Healthy Start. Pregnant: £5.25/week. Baby under 1: £9.50/week. Child aged 1–3: £5.25/week. One-off maternity payment: £300. Paid via ASPEN/Home Office automatically to those on s.95.

Child Benefit — if you have refugee status

Rates from 6 April 2026: £27.05/week (first child), £17.90/week (each additional)The two-child limit never applied to Child Benefit — only to UC. With refugee status, a couple aged 25+ receives £666.97/month UC standard allowance plus child element.
Apply immediately after receiving status — do not wait for a BRP or eVisaUse the Home Office decision letter. If status was granted before 7 April 2025, backdating to the date of the asylum claim may be possible (HMRC v BZ [2022] UKUT 264 (AAC)). If status was granted on or after 7 April 2025, the maximum backdate is 3 months (SI 2025/207).
NRPF — claiming is not permitted (it is a criminal offence)Schedule 3 NIAA 2002 prohibits it. Exceptions: some bilateral agreements (Israel, Bosnia, Kosovo, Serbia, etc.) — check with an OISC specialist.

UC child element — what changed from April 2026

Two-child limit abolished from 6 April 2026UC (Removal of Two Child Limit) Act 2026 c.13. Child element is now paid for every child: £303.94/month (standard) or £351.88/month (first child born before 6 Apr 2017). Around 450,000 children lifted from poverty — but the Benefit Cap absorbs the gain for around 70,000 families.
Benefit Cap — how to avoid itCap: £1,835/month (outside London), £2,110.25/month (London). Exemptions: you or anyone in your household receives DLA/PIP, LCWRA, or you are working at least 16 hours per week at National Minimum Wage.
Refugee: 42 days to move from asylum support to UCFrom 9 March 2026 — 42 days (previously 28). Claim UC immediately. If you have no money upfront for childcare, ask your Jobcentre Work Coach about the Flexible Support Fund (covers the first month).

→ More detail: UC for refugees with children (2026 changes)

Section 17 — emergency council support

most important section

Section 17 Children Act 1989 is the only support system that works for any child in need, regardless of the parents' immigration status. The council must carry out an assessment. This is not a public fund. It does not affect your immigration case.

Script — say this word for word at the council:

"I am requesting a Section 17 child-in-need assessment for my child under the Children Act 1989. I am unable to access benefits or housing because of my immigration status. My child is in need of support to safeguard and promote their welfare. I need interim support including accommodation and financial assistance while the assessment is carried out. Please confirm in writing if you refuse."

Ask for an interpreter. Ask for any refusal in writing. Photograph everything.

What to do if the council refuses — 5 excuses and how to respond

"Go to the Home Office"No. The Children Act 1989 duty is the council's alone, regardless of the Home Office. Do not accept this answer.
"You have no local connection"Wrong. Only physical presence in the council's area matters — R (BC) v Birmingham CC [2016]. You do not have to prove you lived there before.
"We can accommodate the child but not you"Family separation is disproportionate. BASW guidance requires support for the family together. Insist on this.
"You can return to your country"This triggers a full ECHR assessment taking into account your immigration case, the child's ties to the UK, and conditions in the country of origin. Do not accept this as a final answer.
"We can only pay at the asylum support rate"Under LR v Coventry [2025] EWHC 20 (Admin) the council cannot mechanically cap payments at the asylum support rate. The minimum floor is £49.18 per person per week.

Problems with the assessment or a refusal — call Project 17: 020 7138 8662. They specialise in Section 17 for NRPF families. Legal aid is available for destitute families — contact a community care solicitor. Judicial review must be filed within 3 months.

→ More detail: script + pushback playbook + case law

Children with special needs (SEND)

DLA · EHCP · Tribunal

NRPF + disabled child? Children under 18 CAN apply for DLA.
GOV.UK (April 2025): "For Disability Living Allowance and Child Disability Payment, the child is the main applicant and eligibility is therefore determined by the child's immigration status. If a child breaches their NRPF condition there would not be any impact upon a future immigration application, if the breach occurred when they were under the age of 18." This is key: DLA for a child is safe even when parents have NRPF.

DLA rates (from April 2026): care — lowest £30.30/week, middle £76.70/week, highest £114.60/week. Mobility — lower £30.30/week, higher £80.00/week. Total possible up to £194.60/week.

A child's DLA award automatically:

Unlocks the UC Disabled Child Addition: £164.79/month (lower) or £514.71/month (higher — severely disabled)This is on top of the standard child element.
Removes the Benefit Cap from the whole familyIf anyone in the family receives DLA or PIP, the Benefit Cap does not apply. This is critical for large families.

EHCP — Education, Health and Care Plan

You can request an EHCP directly — without going through the schoolWrite to the LA SEN team. The council must respond within 6 weeks (to agree or refuse). The full plan takes 20 weeks. In 2024 only 46.4% were issued on time — do not wait passively, keep a record of dates.
Refused — go to SENDIST TribunalAround 35% of assessment requests are rejected by councils. But at a full tribunal hearing around 99% of parents win (MoJ 2024–25). This is a strong reason to appeal. IPSEA can help: 0800 018 4016 (free).

→ More detail: DLA for children with NRPF + EHCP route

Unaccompanied children (UASC)

LAC · Care Leavers

If a child arrived in the UK without parents or guardians, they automatically become a Looked-After Child (LAC) under Children Act 1989 s.20. The council bears full responsibility.

Pupil Premium Plus £2,690/yearManaged by the Virtual School Head through the Personal Education Plan (PEP — within 10 days of starting school).
Initial Health Assessment (IHA) — within 20 working days of placementIf this has not happened, request it immediately through the social worker.
Age dispute — Merton assessment + NAABIf you are being classified as an adult at the border, request a Merton-compliant assessment (two qualified social workers, trauma-informed approach). Importantly: according to Home Office data for 2026, around 42% of NAAB initial "adult" decisions are subsequently overturned — original border classifications are unreliable.
Care leaver entitlements at age 18Setting-Up-Home Allowance — minimum £3,000 (statutory floor). HE Bursary — £2,000 (SI 2009/2274). Personal Adviser to age 21 (to age 25 if in education). 16–19 Bursary Vulnerable category up to £1,200/year.

The "university cliff edge" at 18. Children of refugees pay home fees and can access student finance. Children of asylum seekers with a pending claim pay international fees with no student finance. A child who arrived at age 5 may still pay international fees at 18 if the parents' claim is still unresolved. Options: apply for refugee status in your own right; look for university sanctuary scholarships.

→ More detail: rights of UASC and care leavers

Protection: bullying, racism, mental health

escalation · help

Escalation steps for bullying or racism at school1. Class teacher → 2. Headteacher (written complaint; school must acknowledge in 2–5 working days and investigate within 15 days) → 3. Chair of Governors (within 10 days of Stage 1) → 4. Local Authority → 5. Ofsted whistleblowing: 0300 123 3155 → 6. Children's Commissioner Help at Hand: 0800 528 0731.
Hate crime — where to report999 (danger) / 101 (non-urgent). True Vision online: report-it.org.uk (Arabic, Farsi, Kurdish, Somali, Mandarin and others). Stop Hate UK under-18s: 0808 801 0576.
Signs that need a GP referral to CAMHSSleep problems lasting more than 2 weeks; bedwetting in a previously dry child; school refusal; intrusive memories or nightmares; physical complaints with no medical cause; significant change in appetite.
Specialist mental health services for refugeesHelen Bamber Foundation (torture/trafficking survivors): helenbamber.org/refer. Freedom from Torture: freedomfromtorture.org. Baobab Centre (London, young unaccompanied refugees): baobabsurvivors.org.

→ More detail: complaint script + helplines + CAMHS

Frequently asked questions

The school is asking for a passport before registering — is that lawful?

No. A school cannot refuse a child because of a missing passport or immigration documents (DfE School Admissions Code 2021). Proof of address can be a letter from NASS, the Home Office, the hotel manager or a GP. Immigration documents are not required.

I am an asylum seeker — can my child attend nursery for free?

Yes, but only partially. All children aged 3–4 get 15 free hours per week regardless of status. Two-year-olds on Section 95/98 also get 15 hours. The 30-hour working-parent offer is not available to asylum seekers (residence test). Contact the childcare provider directly — do not apply via gov.uk.

I was refused Section 17 — what should I do?

Ask for the refusal in writing (this is required). Call Project 17: 020 7138 8662. Contact a community care solicitor — legal aid is available. Under LR v Coventry [2025] EWHC 20 (Admin) the council cannot pay less than £49.18 per person per week. Judicial review must be filed within 3 months of the refusal.

I have NRPF and my child is disabled — can I apply for DLA?

Yes. GOV.UK (April 2025) states clearly: the child is the main applicant for DLA, and a breach of NRPF before age 18 will not harm their immigration case. DLA also unlocks the UC Disabled Child Addition (£164.79–£514.71/month) and removes the Benefit Cap from the family. Call IPSEA for help: 0800 018 4016.

What changed from April 2026 for UC?

From 6 April 2026 the two-child limit for UC was abolished (Act 2026 c.13). Child element is now paid for every child: £303.94/month (born on or after 6 Apr 2017). The Benefit Cap was not raised — it absorbs the gain for around 70,000 families. Exemptions: DLA/PIP for a family member, LCWRA, or working at least 16 hours per week.

What is HAF and who is it for?

HAF (Holiday Activities and Food) is a free programme of meals and activities during school holidays for children on targeted FSM (Section 95/98 or UC with earnings at or below £7,400/year). From September 2026 around 500,000 children will receive expanded FSM, but HAF is NOT extended to them. The "holiday hunger gap" — look for discretionary council schemes, food banks, Feeding Britain.

I just received refugee status — what do I do about Child Benefit?

Apply immediately using the Home Office decision letter — do not wait for a BRP or eVisa (HMRC v BZ [2022] UKUT 264 (AAC)). If status was granted before 7 April 2025, backdating to the asylum claim date may be possible. If status was granted on or after 7 April 2025, the maximum backdate is 3 months (SI 2025/207). Rates: £27.05/week first child, £17.90/week each additional child.

What if the school cannot understand me because I don't speak English?

The school must provide a professional interpreter for key meetings under the Equality Act 2010 (Public Sector Equality Duty). Say: "Under the Equality Act 2010 and your Public Sector Equality Duty, please arrange a professional interpreter." If that fails, escalate to the headteacher → governing body → Local Authority → EHRC helpline 0808 800 0082.

Children in the UK: school, meals, help from council