Labour’s plan to impose VAT on private school fees has sparked a legal challenge over potential human rights violations.
- Lawyers argue the policy discriminates against children with special educational needs and disabilities (SEND).
- The policy may force SEND children out of private education due to increased costs.
- The legal challenge emphasizes violations of the human rights to education and freedom from discrimination.
- Labour defends the policy, stating exemptions for certain children, amid criticism for the existing EHCP process.
Labour’s proposal to implement a Value Added Tax (VAT) on private school fees is under scrutiny as it faces a legal challenge premised on human rights violations. Lawyers argue that the measure discriminates against children with special educational needs and disabilities (SEND), potentially forcing them out of private education due to unaffordable costs. This situation is particularly concerning for families of SEND children who may struggle to find adequate support in the already overwhelmed state education sector.
The legal argument, initiated by Sinclairslaw, cites Article 2 of Protocol 1 of the European Convention on Human Rights, asserting that no individual should be denied the right to education. The argument integrates Article 14, which encompasses the right not to face educational disadvantage on grounds such as sex, race, religion, or special needs. Senior consultant solicitor Paul Conrathe has criticized the policy as a ‘punitive tax’ with severe repercussions for the welfare and education of children with special needs.
The challenge is designed as a test case, brought forth on behalf of a single parent and her daughter, aiming to potentially obstruct Labour’s VAT plan. The action underlines the grassroots nature of the opposition, with a crowdfunding initiative planned to raise the necessary legal funds. Sinclairslaw’s history of successfully challenging the government, notably winning a landmark case concerning care home protections during the pandemic, underlines the firm’s commitment and capability.
In defense, Labour states that children with an Education and Health Care Plan (EHCP), which can extend to cover private school expenses, are exempt from the VAT policy. However, only a small fraction of SEND students in private education possess an EHCP, and the process to obtain one is riddled with significant delays. Labour’s Education Secretary, Bridget Phillipson, admits the current EHCP system requires urgent reform, acknowledging the issues impacting the accessibility of necessary educational support for SEND pupils.
A pre-action letter was dispatched to HM Treasury, indicating that an expedited High Court hearing will be sought should the legislative process move forward following the budget announcement on October 30. As this legal challenge progresses, it reflects broader concerns, particularly its potential impact on military families and faith-based educational institutions. The government’s choice to refrain from commenting on the ongoing legal proceedings suggests the sensitivity and complexity of the issue.
The legal challenge against Labour’s VAT on private school fees underscores significant concerns regarding the rights and accessibility of SEND children’s education.
