Labour's VAT on Private School Fees Faces Legal Challenge
Labour's proposed policy to impose VAT on private school fees from January 2024 is facing a legal challenge in the High Court. The challenge argues that the policy violates human rights law by discriminating against children with special educational needs and disabilities (SEND).
The legal challenge, led by law firm Sinclairslaw, claims that imposing VAT on private school fees could force SEND children out of private education as their families may no longer be able to afford the increased costs. The state sector, already struggling to meet the needs of these students, would be unable to provide the necessary support, the lawyers argue.
"It is remarkable that the Government is pressing ahead with this punitive tax that will have a devastating impact upon the education and welfare of children with special needs. These ill-thought-out plans will not only harm children with special needs; they are plainly a violation of their human rights to education and freedom from discrimination."
The challenge is being brought on behalf of a single parent and her daughter, rather than as a class action, and is intended to serve as a test case to potentially block Labour's VAT plans. The legal argument is based on Article 2 of Protocol 1 of the European Convention on Human Rights, which states that "no person shall be denied the right to education." When read alongside Article 14, it includes the right not to be disadvantaged in education on grounds such as sex, race, religion, or in this case, special needs.
Labour has defended its VAT plan, stating that children with an Education and Health Care Plan (EHCP), which can cover private school fees, will be exempt. However, of the 111,000 SEND pupils in private schools, fewer than 8,000 have an EHCP, and obtaining one can take up to two years due to council backlogs. Bridget Phillipson, Labour's Education Secretary, has previously admitted that the current EHCP process is "broken" and in need of reform.
"We are launching a crowdfunder because this case is not backed by some rich person who went to Eton or Harrow, this case will be funded by the great British public."
The government has declined to comment on the ongoing legal case.