Labour's proposal to implement VAT on private school fees starting in January is facing opposition in the form of a High Court legal challenge alleging human rights violations. Lawyers representing Sinclairslaw have argued that the policy discriminates against children with special educational needs and disabilities (SEND), warning of potential legal action if the plan is not retracted. The concern is that imposing VAT on private school fees could lead to increased costs that families of SEND children may not be able to afford, potentially pushing these students out of private education.
Paul Conrathe, a senior consultant solicitor at Sinclairslaw, strongly criticized the policy, describing it as a punitive tax that could severely impact the education and well-being of children with special needs. He highlighted that such plans not only harm these children but also breach their human rights to education and freedom from discrimination. The legal challenge focuses on Article 2 of Protocol 1 of the European Convention on Human Rights, emphasizing the right to education for all individuals and the prohibition of discrimination in education, particularly in the case of children with special needs.
The legal challenge, representing a single parent and her daughter, aims to act as a test case to potentially prevent Labour's VAT plans from being implemented. Critics of the policy argue that while Labour has stated that children with an Education and Health Care Plan (EHCP) will be exempt from the VAT, the reality is that a small percentage of SEND pupils in private schools have an EHCP, and the process to obtain one is often delayed due to council issues. This situation raises concerns about the accessibility of private education for SEND children if the VAT policy is enforced.
The pre-action letter sent to HM Treasury signals the intention to seek an expedited court hearing before the VAT legislation is finalized in the event of the Budget announcement on 30 October. Sinclairslaw plans to launch a crowdfunding campaign to cover the legal costs, underlining the grassroots support for the challenge. Despite the government's response that they do not comment on ongoing legal cases, the legal battle over Labour's VAT proposal on private school fees continues to unfold.