Private schools lose High Court challenge over government VAT policy
Charedi families among those to bring the case against the government
The High Court has dismissed a claim by parents and private schools – including some from Charedi families – against the government’s VAT on fees policy.
In a judgement on Friday, the judges said the tax, which had appeared in Labour’s general election manifesto, was proportionate in its aim to raise money for state schools.
Significantly it was stated:” Not every decision to impose tax gives rise to a deprivation or interference with the possessions of the person who will end up paying it.
“None of the parents in this case are obliged to continue to send their children to private schools, and it is therefore doubtful whether the challenged measure interferes with a ‘possession’ of theirs.”
Dame Victoria Sharp, Lord Justice Newey and Mr Justice Chamberlain found that the policy was “made by Parliament, in primary legislation, after full debate and was a manifesto commitment”.
It was also noted that the government was well aware some parents wanted to afford to pay for specialist religious schools but that it was “entitled to consider these factors to be outweighed by the expected revenue raised for public services”.
A case brought by 218 families and faith schools, who joined forces with the Independent Schools Council, had argued that the VAT levy was discriminatory, including against Strictly Orthodox families who could not send their kids to secular schools for religious reasons.
The ruling said the convention did not require the state to facilitate one child’s access to a private school, even if the parents’ reason for preferring a private school is a religious one.
Those bringing the case had argued it was their human right to want single-sex education, and faith led independent education.
The government has said it would raise at least £1.6 billion a year from the policy which would be ploughed back into state schools and pay for 6,500 more teachers.
Some of the schools and families, including the Christian Legal Centre, say they plan to appeal against the judgment.
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