A group that represents 1,400 private schools will continue with its plans for a legal challenge against the government’s decision to introduce VAT from January, the BBC reported. In a board meeting, the Independent Schools Council (ISC) which includes most of the UK’s private schools, voted to “pave the way” for legal action.
Lord David Pannick KC, a leading barrister in cases that relate to government decisions, will lead the challenge which will be brought on behalf of parents. That includes those whose children have special educational needs and disabilities (SEND).
Chancellor Rachel Reeves confirmed that private schools will no longer be exempt from VAT in the autumn budget. The money raised would help “provide the highest quality of support and teaching” in the state sector.” The government has estimated that it will have to raise £460 million to spend on state schools next year. By 2029/30, this number rises to £1.7 billion.
The ISC hopes for a judicial review of the government’s policy, focusing around claims of breaches of the European Convention on Human Rights (ECHR). The legal action will be brought around Article 14, the prohibition of discrimination, and Article 2 of the First Protocol, the right to an education.
Members of the ISC were informed of the plans to take legal action in an email to private schools, shortly after the meeting. Its legal claimants, the group said, include parents who argue that they cannot find an alternative education for their children in the state sector. It is also expected to include families with children with SEND.
They “will be 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,” Chief Executive Julie Robinson said.
“We continue to ask the government to work with us to mitigate the risks of this policy on specialist arts education, on low-fee faith schools, on small girls’ schools and on children with SEND.”
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