Labour’s proposed VAT on private school fees is facing a legal challenge over alleged human rights violations.
Lawyers argue the policy discriminates against children with special educational needs and disabilities (SEND).
Legal Concerns for SEND Students
Lawyers claim that the VAT policy discriminates against children with special educational needs and disabilities (SEND). They argue that the additional costs could force SEND students out of private education, placing them into an already overburdened state sector unable to meet their complex needs. The legal challenge, initiated by Sinclairslaw, centres on concerns over the rights to education and freedom from discrimination as stipulated in human rights law.
Human Rights Violation Claims
Paul Conrathe, a senior consultant solicitor at Sinclairslaw, described the VAT policy as ‘remarkable’ and ‘punitive’. He believes it will have a devastating impact on SEND children, violating their human rights to education and non-discrimination.
Conrathe stated, ‘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.’
Basis of the Legal Argument
The legal argument hinges on Article 2 of Protocol 1 of the European Convention on Human Rights, which ensures the right to education.
When considered alongside Article 14, it implies the right not to be disadvantaged in education on grounds such as sex, race, or special needs.
The legal challenge aims to serve as a test case, brought forth on behalf of a single parent and her daughter, to potentially block Labour’s VAT plan.
Potential Widener Implications
The policy has attracted notable criticism and could trigger further legal actions, including from military families and those attending faith schools.
Previously, Sinclairslaw won a landmark case against the government in 2022, criticising its handling of care homes during the pandemic’s early stages.
The current challenge also plans a crowdfunding campaign to support its legal costs, expected to reach several hundred thousand pounds.
Labour’s Defence and EHCP Exemptions
Labour maintains that children with an Education and Health Care Plan (EHCP), potentially covering private school fees, will be exempt from the VAT policy.
However, of the 111,000 SEND pupils in private schools, fewer than 8,000 have an EHCP, and obtaining one can take up to two years due to council backlogs.
Bridget Phillipson, Labour’s Education Secretary, has admitted that the current EHCP process is ‘broken’ and requires reform.
Pre-action Letter and Government’s Response
A pre-action letter was sent to HM Treasury, warning of legal action if the VAT legislation passes following the October Budget.
Sinclairslaw has indicated that they will seek an expedited High Court hearing before the policy’s implementation in January.
The government has declined to comment on ongoing legal cases, as confirmed by a spokesperson.
Grassroots Nature of the Challenge
Conrathe emphasised the grassroots nature of the legal challenge, noting it is not supported by wealthy individuals but by the general public. He stated, ‘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 impending High Court challenge against Labour’s VAT on private school fees underscores the significant human rights concerns raised by this policy.
As events unfold, the outcomes will likely have far-reaching implications for the education sector and the protection of SEND students’ rights.
