Legal Challenge Against Private School VAT Policy Deems It Discriminatory

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The Independent Schools Council (ISC) has initiated a High Court legal challenge, claiming the Government’s proposed VAT on private school fees is discriminatory and undermines the rights of certain pupils. Representing over 1,400 private schools, the ISC filed a judicial review against Sir Keir Starmer’s flagship education policy, which aims to impose a 20 percent VAT on private school fees started January 1.  

 

 

The ISC asserts that the policy disproportionately impacts families who rely on private education to meet specific needs, such as children with special educational needs or disabilities (SEND), those attending single-sex schools, minority Jewish and Muslim families, and foreign nationals in bilingual schools. Six families, representing these groups, will serve as case studies in the legal proceedings. While their identities will remain anonymous, they are expected to argue that the additional financial burden could force them out of private education and into a state system ill-equipped to meet their unique requirements.  

 

One case study involves parents who have a young teen with special educational needs and will not be able to afford the additional cost of her child's private school fees from next year. She was refused an education health care plan (EHCP) by her local council. Without the support of an EHCP, she is "between a rock and a hard place".

"She would tear up every morning. And I felt awful. I was dragging her to a school that she couldn't access because of her autistic needs," she said.

"We entered the independent sector from the state sector out of desperation."

 

Julie Robinson, chief executive of the ISC, expressed concern over the policy’s far-reaching consequences. “Throughout the debate over charging VAT on education, we have consistently said that the diversity within independent schools has been ignored by policymakers,” she stated. “As a result of the Government’s blanket approach, the impact is likely to be felt immediately by many families and children, many of whom have chosen an independent school for reasons including faith, SEND support, dual-language learning, or single-sex education.”  

 

The legal claim, naming Chancellor Rachel Reeves as the defendant since the policy falls under the Treasury’s jurisdiction, argues that the VAT measure infringes on human rights protected by the European Convention on Human Rights (ECHR) and the Human Rights Act 1998. The ISC has requested an expedited hearing, warning that families are already grappling with the impending financial strain as they weigh their options.  

 

The Council also highlights the policy’s broader implications, suggesting that it discriminates against private schools in comparison to other educational institutions like universities, which are exempt from VAT on fees. Robinson emphasized the importance of the case, stating, “We are seeking a declaration of incompatibility by the High Court to protect families who are having their choice removed from them by this policy.”  

 

While a favorable ruling in the High Court would not reverse the policy or halt its implementation, it could validate private schools’ concerns about its discriminatory nature and pressure the Government to introduce exemptions for affected families. The ISC anticipates a judicial review in early 2025, leaving many families anxiously awaiting clarity on their children’s educational futures.

 

Based on a reports by Daily Telegraph & BBC 2024-01-02

 

Related:

Top Oxfordshire Prep School to Close Amid Controversial VAT Policy on Private Education

Looming Crisis: Private Schools Face Closures Amid VAT Hike

Labour's School Curriculum Overhaul More Diversity to Reflect modern Britain

 

 

 

 

[The Old Bull]

Toffee noses hiding behind the disabled trying to save money, disgusting.

[JonnyF]

20 minutes ago, The Old Bull said:

Toffee noses hiding behind the disabled trying to save money, disgusting.

 

An inane conclusion based on the politics of envy.

[crazykopite]

Let’s hope they can win their case I don’t understand why expats frozen pensions is not challenged in the High Court that also is discrimination 

[The Cyclist]

53 minutes ago, The Old Bull said:

Toffee noses hiding behind the disabled trying to save money, disgusting.

 

These 2 articles in the Tory Supporting Guardian highlight exactly why this Policy needs needs to be halted, especially when it comes to SEND kids.

 

https://www.theguardian.com/uk-news/2024/dec/23/send-children-special-educational-needs-disabilities-anne-longfield

 

https://www.theguardian.com/commentisfree/2024/dec/29/children-special-needs-councils-labour-send

 

The State Education system particularly for SEND pupils is in tatters. Forcing more SEND pupils from the Private Sector into the State Sector is madness.

 

Then there is the financial madness impact. Lets potentially raise £1.8 Billion in VAT, whilst spending about £5 Billion to raise that potential £1.8 Billion.

 

Labour in a nutshell. Clueless, incompetent and making a field of turnips look like a field of MENSA members.

[Red Forever]

7 hours ago, The Cyclist said:

 

These 2 articles in the Tory Supporting Guardian highlight exactly why this Policy needs needs to be halted, especially when it comes to SEND kids.

 

https://www.theguardian.com/uk-news/2024/dec/23/send-children-special-educational-needs-disabilities-anne-longfield

 

https://www.theguardian.com/commentisfree/2024/dec/29/children-special-needs-councils-labour-send

 

The State Education system particularly for SEND pupils is in tatters. Forcing more SEND pupils from the Private Sector into the State Sector is madness.

 

Then there is the financial madness impact. Lets potentially raise £1.8 Billion in VAT, whilst spending about £5 Billion to raise that potential £1.8 Billion.

 

Labour in a nutshell. Clueless, incompetent and making a field of turnips look like a field of MENSA members.

“Tory Supporting Guardian “?

No need to read beyond that lie.

[The Cyclist]

3 minutes ago, Red Forever said:

“Tory Supporting Guardian “?

No need to read beyond that lie.

 

Why is it that humour and sarcasm is beyond people who are on the Left of the Political spectrum ?

[MicroB]

18 hours ago, crazykopite said:

Let’s hope they can win their case I don’t understand why expats frozen pensions is not challenged in the High Court that also is discrimination 

 

 

Pensoners already went to court:

 

https://hudoc.echr.coe.int/eng#{"dmdocnumber":["864611"],"itemid":["001-97704"]}