The implementation of Labour’s proposed VAT on private school fees is under scrutiny. The policy’s potential violation of human rights laws has triggered a High Court challenge.
Sinclairslaw is spearheading this legal battle, particularly concerned about its impact on children with special educational needs and disabilities (SEND). This could mark the beginning of broader legal implications.
Human Rights Concerns and Legal Arguments
The primary argument against Labour’s proposed VAT on private school fees is grounded in human rights concerns. Sinclairslaw asserts that imposing this tax discriminates against children with SEND, who may be forced out of private education due to increased costs.
The legal basis for the challenge draws from Article 2 of Protocol 1 of the European Convention on Human Rights. This article emphasizes that no one should be denied the right to education. When combined with Article 14, it stipulates that educational access should not be impeded based on sex, race, religion, or special needs.
Impact on Children with Special Needs
Paul Conrathe, a senior consultant solicitor at Sinclairslaw, has criticised the policy as ‘remarkable’ and ‘punitive.’ He argues that it will have a devastating impact on children with special needs and is a clear violation of their human rights.
The legal challenge is being pursued on behalf of a single parent and her daughter and is intended to serve as a test case. If successful, it could potentially obstruct Labour’s VAT plans.
State Sector Limitations
The state’s existing educational infrastructure is ill-prepared to absorb the influx of SEND students who might be priced out of private schools due to the VAT.
As the state sector already struggles to meet the complex needs of these students, the additional burden could exacerbate existing shortcomings.
Sinclairslaw’s legal team argues that the state system cannot adequately support these students, highlighting the urgency of their legal challenge.
Labour’s Defence and EHCP Exemptions
Labour maintains that its VAT plan is well-intentioned and that children with an Education and Health Care Plan (EHCP) will be exempt from the tax.
However, the reality is that of the 111,000 SEND pupils in private schools, fewer than 8,000 possess an EHCP. Furthermore, obtaining one can be a lengthy process, sometimes taking up to two years due to council backlogs.
Bridget Phillipson, Labour’s Education Secretary, has conceded that the current EHCP process is ‘broken’ and requires significant reform.
Potential Broadening of Legal Action
The current legal challenge focuses primarily on children with special needs, but Sinclairslaw has indicated that further claims could arise from military families and those attending faith schools.
The firm previously secured a landmark victory against the government in 2022 regarding the protection of care homes during the initial stages of the pandemic. This track record increases the anticipation surrounding the current case.
The pre-action letter sent to HM Treasury articulates that if VAT legislation is enacted following the Budget on 30 October, an expedited High Court hearing will be sought before the tax takes effect in January.
Grassroots Support and Crowdfunding Efforts
To support the legal challenge, Sinclairslaw plans to launch a crowdfunding campaign, anticipating that legal costs could reach several hundred thousand pounds.
Paul Conrathe emphasised the grassroots nature of the initiative, stating that ‘this case is not backed by some rich person who went to Eton or Harrow; it will be funded by the great British public.’
The government’s response to the legal challenge has been minimal, with a spokesman stating, ‘We do not comment on ongoing legal cases.’
Future Implications
Should the High Court rule against Labour’s VAT proposal, it could set a significant legal precedent affecting future educational and tax policies.
The case also brings to light larger systemic issues within the UK’s current educational framework, particularly concerning adequate support for SEND students.
The High Court challenge against Labour’s proposed VAT on private school fees brings vital human rights issues into focus.
The case’s outcome could have far-reaching consequences for educational access and equity in the UK, particularly for children with special needs.
