VAT on private school fees has had ‘damaging effect’ on children, court hears | UK News

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Several private schools, as well as some pupils and their parents, have rejected a legal challenge about the government imposing VAT on private schools.

The plaintiffs, who include children and families at Faith Schools and families who sent their children with special educational needs (SEN) to the private school, take the legal action against the Treasury.

They claim the policy Applying VAT to fees is discriminatory and a violation of human rights.

Teachers, parents and pupils protest outside the Royal Courts of Justice in London over the VAT policy of the private school fees. Nearly 20 families and various schools of faith bring legal action against the Treasury, claiming that the new VAT over fees is discriminatory and a violation of human rights legislation. Image date: Tuesday, April 1, 2025.
Image:
Photo: Dad

The Treasury defends the challenges, with HMRC and the Department of Education (DFE) also participating.

Dozens of supporters of the challenge appeared at the London High Court on Tuesday for the first day of the hearing.

Lord David Pannick KC, who represents one group of children and their parents, said that for some children who are currently in private schools currently in private schools, not by state schools in their area, or not at all, their needs, but the new law applies to ‘regardless of’ of a family’s need.

“The application of the law does have a harmful effect on individual children and their families,” he added.

As well as religious beliefs and sen, the Supreme Court said that some children were privately trained due to a need for a single-sex environment due to previous abuse, or because they were only temporarily in the UK and should be trained in accordance with their home curriculum.

Teachers, parents and pupils protest outside the Royal Courts of Justice in London over the VAT policy of the private school fees. Nearly 20 families and various schools of faith bring legal action against the Treasury, claiming that the new VAT over fees is discriminatory and a violation of human rights legislation. Image date: Tuesday, April 1, 2025.
Image:
Photo: Dad

Teachers, parents and pupils protest outside the Royal Courts of Justice in London over the VAT policy of the private school fees. Nearly 20 families and various schools of faith bring legal action against the Treasury, claiming that the new VAT over fees is discriminatory and a violation of human rights legislation. Image date: Tuesday, April 1, 2025.
Image:
Photo: Dad

Jeremy Hyam KC, who represents two children at Sen in private schools, told the court that at least 35,000 children could be displaced due to increased costs of private schools and state institutions.

He continued with written submissions: “The displacement will have a particular prejudice for displaced Sen children compared to those who enter the state sector who do not have sen.”

He said that provision for Sen pupils in the state system is “in a crisis” and that the transition “is likely to have a very detrimental effect” on pupils who have to move schools.

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Bruno Quintavalle, who represents four small Christian schools and parents who sent their children to them, said the “bad thoughtful proposal placed in” impossible positions “in” impossible positions “.

He said in written submissions: “The small independent schools that are likely to suffer most are those that serve minority religion communities.”

He continued: “The plaintiff parents are not prepared to send their children to state schools, because the secular education offered by the state sector would compel the children to be trained in a way that contradicts the religious beliefs of the parents, or otherwise exposes their children to risks that they cannot accept in conscience.”

But Sir James Eadie KC, representing the Treasury, HMRC and the DFE, said the abolition of the VAT release for private school fees is a prominent feature of Labor’s manifesto at the last general election and is expected to produce between £ 1.5bn and £ 1.7bn a year.

He continued with written submissions: “Parents who want to choose the system of universally accessible state -funded education are free to choose any private education for their child who can afford, or educate their child at home.

“The fact that measures of general application, such as tax, minimum wage laws, national insurance, etc., the cost of providing such a service, and its purchase price, does not make these measures an interference in the freedom to offer or receive private education.”

The trial before Dame Victoria Sharp, Lord Justice Newey and Mr Justice Chamberlain will be concluded on Thursday.

A decision is expected in writing later.

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