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Share your dilemmas and get honest opinions from other Mumsnetters.

To ask if anyone is clued up on the challenge this week to VAT on school fees?

967 replies

feesss · 10/09/2024 14:18

we went to look round a school this morning and we obviously asked about VAT and the lady showing us round said there has been a challenge this week so it may not happen? Is anyone aware of this? I can’t see much online about it?

OP posts:
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25
Lookslikemeemaw · 01/11/2024 13:50

‘The schools aren't paying the legal challenge, the ISC are’

Funded by… any guesses??

Mrsbabbecho · 01/11/2024 13:39

AuntyBumBum · 01/11/2024 13:31

I haven't read all the earlier posts, and last time I looked I could not see that barristers opinions had been posted anywhere, but as I understand it the hopes are pinned on Arts 14 and Art 2, Prot 1 - that charging VAT on school fees and not those for nurseries or universities will lead to unlawful age discrimination (Art 14) in the way the right to education (Art 2) is provided.

I would say this is a pretty flimsy argument. You can get lawyers to cook up clever sounding submissions for just about anything if you pay them, and given the commercial interests at stake it must be worth a throw for the schools, but I don't think that this has much chance of flying as unlawful discrimination.

That’s part of it, age discrimination essentially. The other part is seeking to limit education in-line with parents philosophical choices in contradiction of ECHR through taxation. This is coming from the angle of faith, all girls/boys, SEN, small class sizes and specialist schools such as art, music, sports etc.

AuntyBumBum · 01/11/2024 13:31

EasternStandard · 01/11/2024 11:40

I really hope you are right. I read your posts and think great

But then I read the other pp and think Labour will push through and maybe go ahead anyway and it's disappointing

I guess we'll see. I hope you're right though!

I haven't read all the earlier posts, and last time I looked I could not see that barristers opinions had been posted anywhere, but as I understand it the hopes are pinned on Arts 14 and Art 2, Prot 1 - that charging VAT on school fees and not those for nurseries or universities will lead to unlawful age discrimination (Art 14) in the way the right to education (Art 2) is provided.

I would say this is a pretty flimsy argument. You can get lawyers to cook up clever sounding submissions for just about anything if you pay them, and given the commercial interests at stake it must be worth a throw for the schools, but I don't think that this has much chance of flying as unlawful discrimination.

frostywhite · 01/11/2024 13:02

And no, you probably aren’t, but my point was the fact that these schools are absolutely MINTED businesses that charge a lot of money to educate the kids of the wealthy.

What a load of tosh

Mrsbabbecho · 01/11/2024 12:56

Lookslikemeemaw · 01/11/2024 12:42

There’s a fuck lot of levels between a newly qualified barrister and Lord whatsisface wjo’s fees are between £5k and £10k PER hour … the man who defended Bojo over partygate.

And no, you probably aren’t, but my point was the fact that these schools are absolutely MINTED businesses that charge a lot of money to educate the kids of the wealthy.
and rather than do anything to help out those parents they’re choosing to sue the government to protect their money and privilege. Not sure that’s going to win the hearts and minds of the nation.

these schools are absolutely MINTED businesses

If they’re minted businesses then Labour would be getting the corporation tax as they already do from the PS that actually are businesses!

rather than do anything to help out those parents they’re choosing to sue the government

What an odd way to look at the situation, a legal action wouldn’t be required to protect the best interests of the children if the Government wasn’t actively trying to harm them.

twistyizzy · 01/11/2024 12:49

Lookslikemeemaw · 01/11/2024 12:42

There’s a fuck lot of levels between a newly qualified barrister and Lord whatsisface wjo’s fees are between £5k and £10k PER hour … the man who defended Bojo over partygate.

And no, you probably aren’t, but my point was the fact that these schools are absolutely MINTED businesses that charge a lot of money to educate the kids of the wealthy.
and rather than do anything to help out those parents they’re choosing to sue the government to protect their money and privilege. Not sure that’s going to win the hearts and minds of the nation.

The schools aren't paying the legal challenge, the ISC are

RhaenysRocks · 01/11/2024 12:48

Ffs sake, no, most of these schools are not "absolutely minted". Far far from it. Again, clueless assumptions based on a tiny visible fraction of these schools.

Another76543 · 01/11/2024 12:46

Lookslikemeemaw · 01/11/2024 12:42

There’s a fuck lot of levels between a newly qualified barrister and Lord whatsisface wjo’s fees are between £5k and £10k PER hour … the man who defended Bojo over partygate.

And no, you probably aren’t, but my point was the fact that these schools are absolutely MINTED businesses that charge a lot of money to educate the kids of the wealthy.
and rather than do anything to help out those parents they’re choosing to sue the government to protect their money and privilege. Not sure that’s going to win the hearts and minds of the nation.

It’s the ISC who are taking legal action, not the schools themselves.

Rummly · 01/11/2024 12:44

Lookslikemeemaw · 01/11/2024 12:42

There’s a fuck lot of levels between a newly qualified barrister and Lord whatsisface wjo’s fees are between £5k and £10k PER hour … the man who defended Bojo over partygate.

And no, you probably aren’t, but my point was the fact that these schools are absolutely MINTED businesses that charge a lot of money to educate the kids of the wealthy.
and rather than do anything to help out those parents they’re choosing to sue the government to protect their money and privilege. Not sure that’s going to win the hearts and minds of the nation.

There are plenty of good arguments in favour of the government’s policy on VAT on independent schools.

That isn’t one of them.

EasternStandard · 01/11/2024 12:43

Lookslikemeemaw · 01/11/2024 12:42

There’s a fuck lot of levels between a newly qualified barrister and Lord whatsisface wjo’s fees are between £5k and £10k PER hour … the man who defended Bojo over partygate.

And no, you probably aren’t, but my point was the fact that these schools are absolutely MINTED businesses that charge a lot of money to educate the kids of the wealthy.
and rather than do anything to help out those parents they’re choosing to sue the government to protect their money and privilege. Not sure that’s going to win the hearts and minds of the nation.

Why would that matter? Hardly anyone is aware of this case anyway

If it overturns a very poor policy then great

Lookslikemeemaw · 01/11/2024 12:42

frostywhite · 01/11/2024 11:59

You're hardly going to instruct a newly qualified barrister to take on the government though, are you?There is one chance to defeat this, so the ISC will throw everything they have at this, including instructing the barristers with the best chance of winning. Surely this is just common sense.

There’s a fuck lot of levels between a newly qualified barrister and Lord whatsisface wjo’s fees are between £5k and £10k PER hour … the man who defended Bojo over partygate.

And no, you probably aren’t, but my point was the fact that these schools are absolutely MINTED businesses that charge a lot of money to educate the kids of the wealthy.
and rather than do anything to help out those parents they’re choosing to sue the government to protect their money and privilege. Not sure that’s going to win the hearts and minds of the nation.

frostywhite · 01/11/2024 11:59

Lookslikemeemaw · 01/11/2024 10:08

So the private schools have hired a £5k per hour barrister to represent them and sue the government… interesting that they don’t have the cash to soften the impact of VAT on their parents but can afford one of the country’s leading barristers.
I’m sure the general public will be well behind this ‘human rights’ case…

You're hardly going to instruct a newly qualified barrister to take on the government though, are you?There is one chance to defeat this, so the ISC will throw everything they have at this, including instructing the barristers with the best chance of winning. Surely this is just common sense.

EasternStandard · 01/11/2024 11:43

The markets and Moody's are giving Labour a tough time over the budget anyway. They may have to change stuff to avoid being pummelled by debt costs

twistyizzy · 01/11/2024 11:42

SerendipityJane · 01/11/2024 11:32

When was the last time a manifesto pledge was scrapped ?

Bearing in mind team Jenrick will be watching this carefully as they are planning to put forward pulling the UK out of the ECHR as a manifesto pledge.

That is literally what the legal challenge is about ie reversing the policy.
They have scrapped other manifesto pledges

Another76543 · 01/11/2024 11:41

SerendipityJane · 01/11/2024 11:32

When was the last time a manifesto pledge was scrapped ?

Bearing in mind team Jenrick will be watching this carefully as they are planning to put forward pulling the UK out of the ECHR as a manifesto pledge.

https://www.bbc.co.uk/news/articles/cly4leklk3qo.amp

many would argue that the answer to your question is less than 2 days ago.

Keir Starmer and Rachel Reeves standing together on the stage at the Labour Party conference. Both are smiling. The prime minister has his hand on the chancellor's shoulder. Reeves is pointing with her left hand. The BBC Verify logo is in the top corne...

Would raising employer National Insurance break Labour's pledge? - BBC News

If the chancellor decides to increase NI for employers in the Budget would that be going back on previous promises?

https://www.bbc.co.uk/news/articles/cly4leklk3qo.amp

EasternStandard · 01/11/2024 11:40

Mrsbabbecho · 01/11/2024 11:32

No, the aim is to reverse the policy and that is the best outcome for everyone. Nobody is pushing for compensation, but that is the likely recourse of Labour pushing on with the policy despite outstanding legal actions that are likely to be successful. Then the policy will be dropped.
I can’t see it going that way though, it will be delayed from going ahead in January before being later fully dropped. The division this has caused will not be so easily forgotten.

I really hope you are right. I read your posts and think great

But then I read the other pp and think Labour will push through and maybe go ahead anyway and it's disappointing

I guess we'll see. I hope you're right though!

Mrsbabbecho · 01/11/2024 11:36

SerendipityJane · 01/11/2024 11:32

When was the last time a manifesto pledge was scrapped ?

Bearing in mind team Jenrick will be watching this carefully as they are planning to put forward pulling the UK out of the ECHR as a manifesto pledge.

When was the last time a manifesto pledge was scrapped ?

Two days ago.

SerendipityJane · 01/11/2024 11:32

twistyizzy · 01/11/2024 11:19

Personally I don't want compo. I just want a ruling that makes Labour scrap the policy plus the resignation of Phillipson.

When was the last time a manifesto pledge was scrapped ?

Bearing in mind team Jenrick will be watching this carefully as they are planning to put forward pulling the UK out of the ECHR as a manifesto pledge.

Mrsbabbecho · 01/11/2024 11:32

EasternStandard · 01/11/2024 11:06

Is that the outcome that is desired by Pannick and ISC?

That there would be compensation?

Actually I'm not sure, what is the best outcome for them do you think?

No, the aim is to reverse the policy and that is the best outcome for everyone. Nobody is pushing for compensation, but that is the likely recourse of Labour pushing on with the policy despite outstanding legal actions that are likely to be successful. Then the policy will be dropped.
I can’t see it going that way though, it will be delayed from going ahead in January before being later fully dropped. The division this has caused will not be so easily forgotten.

SerendipityJane · 01/11/2024 11:29

Mrsbabbecho · 31/10/2024 22:48

Not technically, but the Government would be recklessly leaving themselves wide open to being sued for compensation by the 35000 children estimated to be immediately forced out the private sector when the legal challenge is upheld. They’d be back in the private sector pretty quickly after that, with a few years’ spare fees.

Just change the law to retrospectively deny compensation.

Just like the Tories did with workfare. (And Gerry Adams compensation for the 1970s Labour government breaking the law).

twistyizzy · 01/11/2024 11:19

EasternStandard · 01/11/2024 11:06

Is that the outcome that is desired by Pannick and ISC?

That there would be compensation?

Actually I'm not sure, what is the best outcome for them do you think?

Personally I don't want compo. I just want a ruling that makes Labour scrap the policy plus the resignation of Phillipson.

Xenia · 01/11/2024 11:13

It is possible that part of the application will be for an immediate temporary injunction to stop the change being brought into force in January. They will probably be trying to obtain some court time before end of 2024 which will be hard with Christmas/NY just before that. I hope they win

EasternStandard · 01/11/2024 11:06

Mrsbabbecho · 31/10/2024 22:48

Not technically, but the Government would be recklessly leaving themselves wide open to being sued for compensation by the 35000 children estimated to be immediately forced out the private sector when the legal challenge is upheld. They’d be back in the private sector pretty quickly after that, with a few years’ spare fees.

Is that the outcome that is desired by Pannick and ISC?

That there would be compensation?

Actually I'm not sure, what is the best outcome for them do you think?

MattBerningerstrophywife · 01/11/2024 11:04

twistyizzy · 01/11/2024 06:38

Because fiscal responsibility or sense has nothing to do with it.
Labour waging war on people they view as being Tory ie farmers, independent schools + pensioners.
Taxing education is unethical and petty. It is a revenge tax

ah.. so the politics of envy?

it reminds me of the threads in here where people go nuts if anyone earning over £30k dares to moan about the amount of tax they pay.

ive went from 5 to 4 days a week recently. A wee reduction of just over £13k a year, so £1k a month. In reality it’s ended up being only around £300 a month less that I’m coming home with.

Rummly · 01/11/2024 10:35

Lookslikemeemaw · 01/11/2024 10:08

So the private schools have hired a £5k per hour barrister to represent them and sue the government… interesting that they don’t have the cash to soften the impact of VAT on their parents but can afford one of the country’s leading barristers.
I’m sure the general public will be well behind this ‘human rights’ case…

In fairness, any substantial action against the state, especially judicial review, will need good solicitors and leading counsel. The government has as much money as it wants to fight and appeal cases. This has all the hallmarks of a case that will have to be fought up to the Supreme Court, whoever wins in the courts below.

Generally, though, I agree that pointless actions - like the long list of failed JRs brought by the Good Law Project - are an unnecessary burden on government resources, especially when, as with the GLP, the applicant’s standing was so obviously doubtful. That couldn’t be said of parents, independent schools or their association.

The ISC’s action is an example of exactly what JR is properly for.

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