Vanessa Clarke, serving as the Education correspondent, reports from the Royal Courts of Justice that a legal challenge is underway regarding the government’s decision to impose VAT on private school fees. Lord David Pannick KC argued in front of a packed court room that this policy goes against the fundamental right to education and is discriminatory. The challenge is being brought forth by families who believe their needs, particularly those with children with special educational needs and disabilities (SEND) and students at faith schools, cannot be adequately met in the state sector.
Introduced on 1 January, VAT on private school fees has sparked a heated debate. Lord Pannick highlighted that the families he represents are not affluent, and some have no alternatives in their area to cater to their children’s specific needs. The lawyer argued that imposing VAT on their fees obstructs their right to education and is unprecedented compared to other Council of Europe states. Approximately a quarter of families affected by this change fall below the average wealth level, regardless of the child’s needs or the family’s financial capacity.
Leading the challenge for the Independent Schools Council (ISC) and representing over 1,400 private schools, Lord Pannick is advocating for a declaration that the policy is incompatible with the right to education according to the European Convention of Human Rights. While representatives of the government, including Chancellor Rachel Reeves and the Department for Education, are yet to present their side of the case, arguments have been made that parents have the freedom to choose private education if they can afford it. The legal battle is expected to span over three days and involves a consortium of faith schools and concerned parent-led groups seeking to address the discriminatory impact of this policy on children with complex needs
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