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AIBU?

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Original poster

To think that the private school VAT case is a waste of time and money?

133 replies

Yaaaassssssqueeeeeennnnnslay · 09/04/2025 08:04

The government’s removal of VAT breaks on school fees is being challenged in courts - friend has been pinning her hopes on this, her DC ( no SEN, perfectly bright) are in an expensive private school. I told her it wasn’t likely to make a difference, and her children will be long out of school by the time any absolute decisions are made.

However, even if the judgement goes the school’s way it’ll court to the Court of Appeal, then the European Court - which could take years - and even then IF that court rules in favour of private schools our government is under no obligation to change anything.

IF a court is even willing to intervene in a social/economic policy that was in a political manifesto - a BIG policy - and voted for.

YANBU - it’s a waste of time/money if the goal is to get the government to reverse the VAT/ business rates policy in private achools

YABU - it could overturn their policy

OP posts:
GertrudePerkinsPaperyThing · 09/04/2025 08:37

Frowningprovidence · 09/04/2025 08:17

I personally feel it's really important to democracy to be able to hold the government to account through the law courts. It's part of the idea of the separation of powers with Commons, Lords and the judiciary.

This process might be expensive and I rather suspect they will lose, but it's necessary.

Imagine if a manifesto said something contravening another part of the human Rights Act that was more far more controversial . I'm sure lots of people would be grateful for the opportunity to ask the judiciary to rule on it. Remember most elections are won with less than 50% of the voters voting for the ruling party due to our constituency system.

This is a really good point and we can see what is happening in America as a good example.

I would be surprised if this particular legal action succeeds though, and also the time scales are unlikely to help OP’s friend.

sunbum · 09/04/2025 08:35

in your opinion. The lawyers involved maintain it isnt 'a tax advantage' as you mistakenly understand it. I also think its important to be able to get them to jutsify contentious policies in court, especially when they've made bold statements about how the money they recoup is going to be spent in education (reminds me of Boris's Brexit NHS bus).

EveryFlavourJellyBeans · 09/04/2025 08:33

I agree OP. I'm not sure some of the prolific posters on here realise that even if the government lose, it will be an advisory ruling and they don't actually have to change anything. Utterly pointless.

MidnightPatrol · 09/04/2025 08:33

I’m now wondering if the schools are going to actively going to have to make themselves cheaper to be able to continue to attract enough pupils.

For years they’ve had above inflation increases and are twice the cost of ~20 years ago.

Far too much money spent on buildings and facilities, when really what is important is the teaching.

Original poster
Yaaaassssssqueeeeeennnnnslay · 09/04/2025 08:32

‘personally feel it's really important to democracy to be able to hold the government to account through the law courts. ’

We’re not locking people up Guantanamo Bay style- this is a removal of tax advantages that arguably should have existed in the first place though.

OP posts:
Original poster
Yaaaassssssqueeeeeennnnnslay · 09/04/2025 08:19

Courts are generally cautious on making decisions that involve economic decision- making from central government.

OP posts:
Frowningprovidence · 09/04/2025 08:17

I personally feel it's really important to democracy to be able to hold the government to account through the law courts. It's part of the idea of the separation of powers with Commons, Lords and the judiciary.

This process might be expensive and I rather suspect they will lose, but it's necessary.

Imagine if a manifesto said something contravening another part of the human Rights Act that was more far more controversial . I'm sure lots of people would be grateful for the opportunity to ask the judiciary to rule on it. Remember most elections are won with less than 50% of the voters voting for the ruling party due to our constituency system.

Hazeby · 09/04/2025 08:09

You’re definitely right about how long it will take and how the government won’t be obliged to change anything even if they lose.

Not sure about your other point - the courts don’t (or shouldn’t) take political policy and manifestos into account, they only apply the law.

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