The Independent Schools Council (ISC), which represent 1,400 private schools in the UK, has voted to push forward with legal action against the government regarding its introduction of VAT from January, according to the BBC. The legal challenge will be led by David Pannick KC on behalf of parents, including those with children with special educational needs and disabilities (Send). The group is seeking a judicial review focused on potential breaches of the European Convention on Human Rights or Article 14 (which relates to discrimination) and Article 2, the right to education.
Chancellor Rachel Reeves announced during the Autumn Budget that private schools would lose their exemptions from VAT, revealing that revenues generated would be used to provide high-quality support and teaching in the state sector. The move is estimated to raise £460m extra to fund state schools in 2019, rising to a forecasted £1.7bn by 2029/30.
The ISC’s legal claimants are expected to argue that it is impossible to find alternative education for their children in the state sector and that the new policy discriminates against them. Chief Executive Julie Robinson suggests the group is “defending the rights of families who have chosen independent education, but who may no longer be able to do so as a direct result of VAT on their fees”. The parent claimants are expected to encompass those with SEND requirements who could no longer afford the fees.
The government has also revealed that while children on Local Authority EHCPs with a private school named on them will be exempt from VAT charges, small faith schools will not be as “they are likely to be less than proportionately impacted if their income is derived not only from fees but also from other sources, such as voluntary donations from the community, or support from religious organisations”
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