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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to suggest that every single parent with a child at private school apply for a state school place asap?

1000 replies

sarjd · 05/06/2024 15:12

let's see how that works.

OP posts:
Thread gallery
9
Meltdown247 · 06/06/2024 17:51

Not unreasonable at all. You child is entitled to a state school place.
you should double down and move or rent a house just across the street from your chosen school to guarantee your place. After all it’s what most state school parents appear to do to access the best education for their child.
Good on them. Do whatever it takes.

wombat15 · 06/06/2024 17:55

IvyIvyIvy · 06/06/2024 17:45

But they will start at those schools if labour comes in

You said that "Mr Starmer" would have statistics to look at if people just registered an interest though which is not the same thing as actually starting at a state school.

wombat15 · 06/06/2024 17:56

Meltdown247 · 06/06/2024 17:51

Not unreasonable at all. You child is entitled to a state school place.
you should double down and move or rent a house just across the street from your chosen school to guarantee your place. After all it’s what most state school parents appear to do to access the best education for their child.
Good on them. Do whatever it takes.

Too late if the children are currently in year 6 or above.

Zyq · 06/06/2024 18:01

Araminta1003 · 06/06/2024 13:17

But most rich people won’t just absorb it? They will fight it all the way and cause distractions and legal cases and waste valuable Council time and Parliament time etc - that is the whole point. And journalists will endlessly ask pointless questions about it and the press will continue to be over it and put international students off. And it won’t raise any actual cash? So why exactly is it worth pursuing?!

Will they? If you are, say, comparable to Sunak with two children in private education, you are still looking at paying this only till they reach 18. Will you suck it up and pay, or will you instead choose to spend an awful lot of time and throw a ton of money at lawyers for a case you may not win, resulting in having to throw another ton of money at your opponents' lawyers? Legal costs would almost certainly outweigh what you are paying on school fees, particularly if schools act ethically and pass on savings on setting VAT payments against VAT liability.

Araminta1003 · 06/06/2024 18:02

@wombat15 - on any contract if you increase payment terms the other party has a right to end the contract in accordance with the notice period. That is why they write to you when your phone bill goes up or your gym membership. Private schools are meant to give the parents a full term’s notice of an increase of fees so they can in theory give notice.

If the Labour Party introduce VAT from September 24 it breaches all sorts of fundamental principles of contract law. As the schools would have to pass the VAT on by law, not sure what a court would say. Would it become force majeure and give the parents a get out. It’s never been done before.

joles12 · 06/06/2024 18:03

CelesteCunningham · 05/06/2024 15:26

I think what she's saying is that she's made a decision for her family that is no longer financially sustainable, so now she expects the state to fix it at no inconvenience to her.

We all know how MN loves that attitude.

Edited

Or - the OP has been paying her taxes which is what funds state schools for years and now needs the state to pay for the place that she is and always was absolutely entitled to - like any other tax paying individual.

Teacher18 · 06/06/2024 18:04

Zyq · 06/06/2024 17:50

Fascinating that private schools are "threatening" to cover this by taking away help from children who need bursaries, and stopping community support. So selfless of them. Why aren't they economising by, say, reducing the hours they use the swimming pool, having one less expensive concert or other production per year, putting off redecoration plans, turning the thermostat down, raising class sizes so they can cut down on staff, cancelling the governors' social, etc etc?

Well it’s not that surprising. Take away their charitable status and impose VAT and they will behave as the entities they already are - businesses. Parents pay for most of those things you mentioned and they will expect that to continue, especially with a 20% hike in cost. This is one of the unfortunate consequences of this policy. The first thing that may go are the things that cost them money but don’t bring any in. It may take a while for the idea of CSR to kick in again. And as has already been stated, the VAT recovered won’t go to state schools to improve education, just into the general pot which no government seems to spend well enough to improve life for those most in need so who wins?

OldPerson · 06/06/2024 18:05

Come on down and join the rest of us. They'll find a space for your child.

Zyq · 06/06/2024 18:05

Araminta1003 · 06/06/2024 13:05

I have to say I did not like Starmer’s response over whether he would pay for a close relative to have private healthcare (or sit lingering on an NHS waiting list). I mean surely, if his child was not getting treatment promptly on the NHS, given he has a ton of cash he would actually save his own child if it were something serious? Because if he would not, I would lose all respect for him.

I am centre left, but when it comes to your own close relative or your own child, you have to morally put them first above some sort of dogma and society. Always.

And so this kind of crazy VAT policy really does worry me. It just does not make any sense.

He was asked specifically if he would pay if his relative was waiting for life-saving care. Frankly, it was a no-brainer, given that private medicine doesn't offer life-saving care. More fool Sunak for falling for the question.

Araminta1003 · 06/06/2024 18:07

@zyq- if I am rich public school parent with a child with SEN I may feel it is in the public interest to bring a claim on behalf of my child and others. Regardless of cost. It’s making an important legal point.

A politician shouldn’t just be able to decide a dog whistle policy and impose it on children with disabilities. They know there are 100k children in the private sector with SEN. They have the figures. It is a public interest point.

Unfortunately I think a lot of richer people actually put up and shut up and just pay up rather than get their child the full help they are entitled to or a “label”. There is that type of thinking too. Especially when it comes to mental health.

Zyq · 06/06/2024 18:11

Araminta1003 · 06/06/2024 13:48

@YourPinkDog - I think because it is about their children and there are a lot of lawyers, they might actually do it. Especially if the DCs have SEN. I think people go a bit batshit when it is their children and they can.

In my experience it is lawyers who avoid taking their own issues to court whenever possible, because they know exactly how hassle- and stress-ridden the process is, to say nothing of how expensive.

Mba1974 · 06/06/2024 18:13

itsgettingweird · 05/06/2024 17:28

Yes. Why don't all the parents who can afford independent education leave and go to state schools.

Then you can help those of us who relied on state education to rally for it to be better.

You can point out that not everyone can afford it "if they just work harder".

I would bet that if private school parents had to rely on what the state has (n't) provided the past 14 years they'd soon have something more to say on the subject.

This, is what really pisses me off about this whole policy. The whole gleeful, vitriolic joy in it… I am state educated, my husband is state educated, our parents.. Window fitter, nurse, teacher, small business owner.. Our child is at an independent school.. I don’t have an opinion on whether VAT on fees is good or bad, we will find the funds. Luckily we have one child, many I know with more than one won’t but neither I nor them would ever claim hardship or poverty. But what I do know is, it won’t benefit the state school system one bit, and it will hit children on bursaries, children with SEND, free use of assets in the community, fundraising for charities and current state educated children in the catchment areas of good and outstanding schools hardest. It won’t touch the sides of oligarchs, the old boys network or the likes of Boris Johnson and his chums one bit. Contrary to popular belief many of us self entitled, uncaring, disinterested parents are in fact already working, volunteering and governing in the state system. I have been a governor at a state school for 8yrs, a chair for five, so believe me when I tell you this won’t help. We already give back, we already care, we already understand what will help.. We are not all sitting on our horses galloping from lunch date to tea party to the spa.. I’m privileged, we worked hard, got lucky, chose the right careers and I chose independent because 7:45-4:30 school worked for me as a FT working mum, because I valued five hours of sport a week, because the extra curricular offerings let me work until 5:30, because I believe in setting, and testing and curriculum flexibility. Not because I think my child is better than anyone else’s, not for small class sizes and not because of who she would mix with. Her school is more ethnically diverse than almost all state schools where we live, and the demographic of the parents more socially diverse than all the “naice” primary schools full of white, middle class, privately educated parents who pushed up house prices around the schools of their choice to create de facto private schools. We are also at least honest about our choices. The glee with which people like you are enjoying hurting any child is appalling, with no knowledge of how little this will help, and with your patronising assumptions that all these parents will suddenly “take an interest”, we already are, many of us are already in the trenches… those that don’t care won’t suddenly change, those that don’t have time won’t suddenly find time, they’ll have less time now, and the elite going into politics you hate, well they’ll still be there, still going to the tune percentage of Eton like schools completely unaffected. What will change, for one, will be people like me who have decided that if you really dislike us so much you can do without us.. this will be my last term as a governor in the state system.. I cannot work for a govt, sector and apparently a parent body who loathe me and my child. I’m done.. and it’s “your” loss and the state sectors loss..

Threesacrow · 06/06/2024 18:14

They offer scholarships, bursaries and assisted places to high achieving kids. I.e., kids who were being taught very successfully in the state system. These students' achievements boost the private school results, but the hard work was put in by the state school. It makes it appear that private schools provide better education, but it's an illusion. Stop funding state school students and the results will plummet. Would any private school want that?

Zyq · 06/06/2024 18:14

Araminta1003 · 06/06/2024 13:58

@YourPinkDog - it won’t be rich people in mansions fighting it. It will groups of parents with kids with SEN who have been failed by the state sector and the Council who have delayed their EHCPs and where the Councils have not stuck to the timetable laid out in the law.

Very few parents send their children with SEND to private schools for this reason, not least because when LAs finalise EHCPs they may well name a different school.

They whole SEN shitshow is mostly caused by the government's wholesale failure to fund SEND anything like adequately over the last 14 years. That is unfortunately another mess a new government will have to grapple with.

Zyq · 06/06/2024 18:20

Araminta1003 · 06/06/2024 14:07

But that is the point @YourPinkDog - there are a whole lot of angry parents of state school SEN children who have been pushed out and now a whole lot of angry private school parents with children with SEN so you are getting them all together and now they have some successful lawyers amongst them too (and disability discrimination laws) so what is going to happen?
I guess it is a good thing if they all collectively get together and fight for their children’s needs. But let’s not assume this won’t lead to the taxpayer footing the bill. Of course we will. And I guess we should have not been failing these children earlier. So we will need to fund a whole more SEN schools urgently and fund the council EHCP departments urgently as well. But we need cash for that. And the VAT won’t do it.

The obvious answer for those parents is to get on with applications for EHC Plans. If they can show their children need provision over and above what is available in state maintained schools it will be relatively straightforward. That would be a much more productive use of their time and money.

I don't understand your reference to disability discrimination: a challenge to the VAT proposal based on that would never get off the ground.

Absolutely we need to fund more specialist schools, there is already a massive shortage in specialist places because of consistent underfunding by the current government. Likewise we need to fund local authorities properly to carry out their duties to children with SEND. Maybe some of the funds realised through this policy can be used for that purpose.

Zyq · 06/06/2024 18:23

Araminta1003 · 06/06/2024 14:30

Honestly amongst my wider group of friends and family those with children with SEN who managed to get an EHCP vs those who did not, or could not be bothered with the huge fight that it is and just paid up quietly, it really is not clear cut! And I also have friends who have set up businesses helping people fight councils to get what should be rightfully theirs in the first place. So that will be another growing business area.

Making an anomalous policy decision like this will never just be simple, private school parents won’t just pay up and shut up. So they can go ahead and do it, but let’s not pretend there will not be ramifications. It is disingenuous to do so. And it is quite unpredictable too.

Somehow I don't think any government is going to base its policies on what goes on amongst your family and friends.

Araminta1003 · 06/06/2024 18:28

“The obvious answer for those parents is to get on with applications for EHC Plans.”

A lot of people have started the process but the waiting lists are unreasonably long. If the local councils fail to deal with the issues in a prompt manner, then there should be recourse through the courts. If someone ends up having to pay out of their own pocket plus VAT on top of that due to a failure by the council and government to employ enough people to deal with it in a prompt and fair manner, then those sums of money should be recoverable for that family (plus reasonable amounts of interest). Would you not agree @Zyq ?

Meltdown247 · 06/06/2024 18:28

wombat15 · 06/06/2024 17:56

Too late if the children are currently in year 6 or above.

Not really. Depends on a lot of factors including the education authority and in year admissions rules and if a place comes available who is closer.

wombat15 · 06/06/2024 18:29

Araminta1003 · 06/06/2024 18:02

@wombat15 - on any contract if you increase payment terms the other party has a right to end the contract in accordance with the notice period. That is why they write to you when your phone bill goes up or your gym membership. Private schools are meant to give the parents a full term’s notice of an increase of fees so they can in theory give notice.

If the Labour Party introduce VAT from September 24 it breaches all sorts of fundamental principles of contract law. As the schools would have to pass the VAT on by law, not sure what a court would say. Would it become force majeure and give the parents a get out. It’s never been done before.

Not sure what you mean. Of course either party has a right to end the contract in accordance with the notice period but that is regardless of price increase. If private school contracts state that they have to give a terms notice of a price increase then no doubt that is what they will do.

Zyq · 06/06/2024 18:30

Araminta1003 · 06/06/2024 16:20

In normal situations you have to give notice to a private school, of course or pay fees in lieu of notice. But with this kind of tax, who knows. I am sure private schools will have been clever enough to change their terms and conditions but if loads of parents leave with no notice and cancel their direct debits, then the private schools will have to try and pursue them in court for the fees in lieu of notice. As the Government has given no exact details of when and where at this point and it is a substantial raise, who knows what a court would say?

Private schools invariably cater for fee rises in their terms and conditions. There is no chance a court would say that having to pay VAT nullifies contract terms.

Araminta1003 · 06/06/2024 18:30

Not setting up sufficient SEN schools and not funding SEN places is discriminatory towards children with disabilities. Just because some have quietly gone away and paid for their children, that does not make it less discriminatory.

Zyq · 06/06/2024 18:32

Araminta1003 · 06/06/2024 16:29

A court might say that, but this is an anomalous situation in the private sector. It has never happened before. If the Government said tomorrow that all private school children must now dye their hair blue by law, I am pretty sure an English court would exempt private school children from paying fees in lieu of notice.

Good luck trying that argument. At least you would give the judge a good laugh.

Araminta1003 · 06/06/2024 18:32

“Private schools invariably cater for fee rises in their terms and conditions. There is no chance a court would say that having to pay VAT nullifies contract terms.”

That cannot be true. If a Government passed a law tomorrow stating that every private school parents now has to pay 3000% of VAT on top of fees per term, then a court would definitely hold that the parent can leave without notice immediately.

wombat15 · 06/06/2024 18:32

Meltdown247 · 06/06/2024 18:28

Not really. Depends on a lot of factors including the education authority and in year admissions rules and if a place comes available who is closer.

No education authority guarantees a child a place if the year group is already full. It doesn't matter if they have moved next door to their preferred school. They will go on the waiting list and only be offered a place if someone in their year group at that school leaves.

Zyq · 06/06/2024 18:34

Araminta1003 · 06/06/2024 16:31

And every private school parent applying for a state place now due to this will have to incur fees in lieu of notice, if a court holds that. Because of the way that private school contracts are drafted. On that basis alone, it would be utterly unreasonable for the Labour Party to bring this policy in from September 2024.

It will also be unreasonable to bring it in from January 2025 because children moving to the state sector won’t be in the state sector budget so will cost the state.

They almost certainly won't bring it in before September, because there wouldn't be time to go through the normal Parliamentary processes. No doubt they'll think about timing as part of the process of formulating the relevant statutory provisions or regulations.

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