A High Court challenge is underway against Labour’s proposal to impose VAT on private school fees, citing human rights concerns.
- The legal action argues that the policy discriminates against children with special educational needs and disabilities (SEND).
- Sinclairslaw leads the challenge, claiming the VAT could financially force SEND students out of private education.
- The case focuses on potential human rights violations under the European Convention on Human Rights.
- Labour defends its policy by noting exemptions, though critics highlight flaws in these protections.
Legal experts have initiated a High Court challenge against Labour’s proposal to impose a Value Added Tax (VAT) on private school fees starting in January. The challenge is rooted in human rights concerns, particularly its impact on children with special educational needs and disabilities (SEND), who may face exclusion from private education due to increased costs.
Sinclairslaw, a law firm, spearheads the legal action, arguing that the VAT policy discriminates against SEND students. The firm suggests the policy could displace these students from private schooling, as families might find the financial burden unsustainable. The state education sector, already challenged in accommodating such students, may lack the resources to provide necessary support.
Paul Conrathe, a senior consultant solicitor at Sinclairslaw, criticised the policy, stating, “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 brought on behalf of a single parent and her daughter, aiming to serve as a test case to potentially block the VAT initiative. The legal argument is based on Article 2 of Protocol 1 of the European Convention on Human Rights, which guarantees the right to education, and Article 14, which protects against educational discrimination.
Critics highlight that Labour’s policy, while intending to exempt those with an Education and Health Care Plan (EHCP) covering private school fees, does not effectively protect all eligible SEND students. Out of 111,000 SEND students in private education, fewer than 8,000 possess an EHCP, and acquiring one can be a lengthy process hampered by council backlogs.
Labour’s Education Secretary, Bridget Phillipson, has acknowledged the EHCP process’s deficiencies, describing it as “broken” and in need of reform. The pre-action letter sent to HM Treasury signals the urgency of the issue, with a request for an expedited hearing should the VAT legislation be passed following the upcoming Budget.
Sinclairslaw plans to launch a crowdfunding campaign for this grassroots challenge, as costs may rise significantly. Paul Conrathe emphasises the broad public support needed, stating, “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 refrained from commenting on this ongoing legal case.
The High Court challenge against Labour’s VAT proposal highlights significant concerns over its potential impact on the educational rights of SEND students.
