A legal showdown is brewing over Labour’s proposed VAT on private school fees.
- Lawyers argue the tax discriminates against special needs students, claiming human rights violations.
- The case, led by Sinclairslaw, is backed by a single parent as a test case against the tax initiative.
- Critics fear the tax could push special needs students out of private education due to cost hikes.
- Labour defends its stance, citing exemptions for some students, but challenges persist.
In a significant legal move, Labour’s proposal to impose VAT on private school fees is facing strong opposition. The proposed tax is under fire due to concerns it could disproportionately affect children with Special Educational Needs and Disabilities (SEND). Lawyers argue the increased costs could force many SEND students out of the private education system. They claim this policy infringes on human rights by potentially denying these children the right to education.
Sinclairslaw, the law firm leading the challenge, voices strong concern over the policy’s impact. Paul Conrathe, a senior consultant solicitor at Sinclairslaw, stated that the government is persisting with what he describes as a ‘punitive tax’ harmful to the welfare of children with special needs. Conrathe argues that these plans not only disadvantage special needs students but also violate their human rights to education and non-discrimination.
The legal challenge hinges on the European Convention on Human Rights, specifically Article 2 of Protocol 1, which states that no person shall be denied the right to education. When combined with Article 14, this legal basis provides protection against education discrimination, including for children with special needs. The test case, brought forward by a single parent for her daughter, could potentially block Labour’s VAT plans if successful.
Labour has responded by defending its VAT initiative, highlighting that students with an Education and Health Care Plan (EHCP) will be exempt. However, critics point out that out of 111,000 SEND students in private schools, fewer than 8,000 have an EHCP. Obtaining an EHCP is often a lengthy process, lasting up to two years due to council delays, a point acknowledged by Education Secretary Bridget Phillipson, who noted that reforms are needed.
The legal proceedings aim to expedite a High Court hearing before the policy’s implementation in January. Sinclairslaw is preparing to launch a crowdfunding campaign to support the challenge, signaling grassroots backing from the public rather than financial support from elite institutions.
Potentially contributing to further legal claims, the controversy is not limited to this case, with discussions about implications for military families and faith-based educational institutions already underway.
The judicial outcome of this case could significantly influence the course of educational tax policy in the U.K.
