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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:
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9
Zyq · 06/06/2024 18:37

Araminta1003 · 06/06/2024 17:37

There are private schools with a high proportion of children with SEN. Relying on just EHCP may well end up being discriminatory,

Children who would otherwise qualify for an EHCP who are in private schools are there because that is a choice their parents have made. They could equally have chosen to apply for an EHCP. That does not mean they have protected characteristics for discrimination purposes.

northernballer · 06/06/2024 18:38

I've got a child in private and agree with the VAT. I'm not thrilled about paying it obviously, but I also have two children in state education and it is a world of difference, increased funding is absolutely needed to give the kids in even good state schools a fraction of the opportunities private school kids get.

It's been spoken about for a long time so noone can claim to be surprised about it.

Zyq · 06/06/2024 18:41

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.

Schools can offset VAT by reducing their fees, and indeed should do so given that a proportion of their own VAT liability can be reduced by VAT they pay on other goods and services.

As stated, it's unlikely this sort of change could possibly come into effect by September.

Zyq · 06/06/2024 18:44

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.

There are incredibly few rich people who are as altruistic as this, so I doubt that it's a serious worry for Labour. Particularly given that, when they lose, they will have to pay all the government's costs.

whatsappdoc · 06/06/2024 18:45

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.

100k children with SEN in the private sector? That's a figure of 1 in 6. That can't be right

YourPinkDog · 06/06/2024 18:47

@whatsappdoc depends what they class as SEN. Ina n earlier comment quiet and "sensitive" children were included.

Mummymoomingrumpy · 06/06/2024 18:48

I think the point is as a single mum it makes it impossible to afford. Single parents are much worse off. Often a catch 22. I needed to work and have the Afterschool care and occasional boarding so that I could work. Child also sen so she needed the smaller class size. Took 5 years to get diagnosis and EHCP - will go into state now she’s older.

People aren’t always in independent because they are rich. Can be because just moved into country/bullying/sen/need extra help . I have always believed in state but also needs to be better support for some kids.

Zyq · 06/06/2024 18:49

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 ?

There isn't a waiting list for EHC Applications. Councils have to comply with statutory time limits. If they don't, the time limits can already be enforced through the courts, and since they relate to children's rights claims can be brought in children's names - which means they can get legal aid to cover costs. But in practice a council which receives a formal pre-action letter for this is never going to allow it to be taken to court because they will inevitably lose, so they will remedy the problem instead.

Zyq · 06/06/2024 18:51

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.

We haven't had enough SEN schools and specialist SEN places for years. Are you aware of any successful disability discrimination claims brought on that account? Where are all those altruistic rich people willing to bring test cases when we need them?

Jaxhog · 06/06/2024 18:52

It's all very well to say there are available places, but they won't be in places families live, or even anywhere near. Sure, some people will be able to pay VAT, but many won't. And those children are as entitled to a school place as every other child.

As someone who got ripped out of school and planted into the only available (not the nearest or best) school, the transition can be pretty hard on the children. It took me over a year to find my place.

Araminta1003 · 06/06/2024 18:52

@YourPinkDog - children with depression and anxiety do have SEN.

Jaxhog · 06/06/2024 18:54

Zyq · 06/06/2024 18:49

There isn't a waiting list for EHC Applications. Councils have to comply with statutory time limits. If they don't, the time limits can already be enforced through the courts, and since they relate to children's rights claims can be brought in children's names - which means they can get legal aid to cover costs. But in practice a council which receives a formal pre-action letter for this is never going to allow it to be taken to court because they will inevitably lose, so they will remedy the problem instead.

Don't you believe it! My DB had to take his council to court before they would comply. He was 'lucky' in that he got legal aid. Many parents won't.

Araminta1003 · 06/06/2024 18:56

“Where are all those altruistic rich people willing to bring test cases when we need them?”

Well I am very much hoping they will now @Zyq

Zyq · 06/06/2024 18:56

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.

But it isn't going to happen, is it? There's a process for passing laws, it takes time, and once passed they don't generally come into force immediately. If the government wanted to pass this law, they would have to get the statute drafted, wait till Parliament opens again, take it through the House of Commons, take it through the House of Lords (who would undoubtedly do everything they could to stop or slow it down) and then get the King's consent. It's virtually inevitable that they would write in a delay of at least three months for it to come into effect. What chance do you realistically think your rich litigant has of arguing that he shouldn't have to pay fees in lieu of notice?

Araminta1003 · 06/06/2024 18:57

“There isn't a waiting list for EHC Applications. Councils have to comply with statutory time limits. If they don't, the time limits can already be enforced through the courts, and since they relate to children's rights claims can be brought in children's names - which means they can get legal aid to cover costs. But in practice a council which receives a formal pre-action letter for this is never going to allow it to be taken to court because they will inevitably lose, so they will remedy the problem instead.”

And the Labour Party is inviting a whole lot of private school parents to do just that now.

Zyq · 06/06/2024 18:59

Jaxhog · 06/06/2024 18:52

It's all very well to say there are available places, but they won't be in places families live, or even anywhere near. Sure, some people will be able to pay VAT, but many won't. And those children are as entitled to a school place as every other child.

As someone who got ripped out of school and planted into the only available (not the nearest or best) school, the transition can be pretty hard on the children. It took me over a year to find my place.

If places are more than 3 miles away the children in question will be entitled to free home to school transport.

YourPinkDog · 06/06/2024 19:00

@Araminta1003 and most of them will not meet the criteria for assessment so will just be rejected.

Zyq · 06/06/2024 19:01

Jaxhog · 06/06/2024 18:54

Don't you believe it! My DB had to take his council to court before they would comply. He was 'lucky' in that he got legal aid. Many parents won't.

You missed the point that cases can be brought with legal aid in the child's name. Very few children have so much money that they don't qualify for legal aid.

Zyq · 06/06/2024 19:03

Araminta1003 · 06/06/2024 18:57

“There isn't a waiting list for EHC Applications. Councils have to comply with statutory time limits. If they don't, the time limits can already be enforced through the courts, and since they relate to children's rights claims can be brought in children's names - which means they can get legal aid to cover costs. But in practice a council which receives a formal pre-action letter for this is never going to allow it to be taken to court because they will inevitably lose, so they will remedy the problem instead.”

And the Labour Party is inviting a whole lot of private school parents to do just that now.

I hope they will. The sooner councils learn that they have to comply with statutory time limits, the better. I know their problem is that they aren't adequately funded, and unfortunately for Labour that's another mess the Conservatives have left them to sort out. Self-evidently that's not a reason to keep the Tories in power.

Jaxhog · 06/06/2024 19:29

Zyq · 06/06/2024 19:01

You missed the point that cases can be brought with legal aid in the child's name. Very few children have so much money that they don't qualify for legal aid.

The point is that some councils will NOT take action until you take them to court. That can take over a year, and then you may have to wait for an appeal. That was our experience.

Jaxhog · 06/06/2024 19:33

Zyq · 06/06/2024 18:59

If places are more than 3 miles away the children in question will be entitled to free home to school transport.

Not much good if your child has to travel a lot further; I travelled over 8 miles each way. Not much fun for your child either, not to mention tiring and stressful.

WindsurfingDreams · 06/06/2024 19:34

Zyq · 06/06/2024 19:03

I hope they will. The sooner councils learn that they have to comply with statutory time limits, the better. I know their problem is that they aren't adequately funded, and unfortunately for Labour that's another mess the Conservatives have left them to sort out. Self-evidently that's not a reason to keep the Tories in power.

Quite. Tory austerity has stripped councils hollow. It's madness people can't see they are stretching themselves to pay for private education because of the mess the Tories made hollowing out the state system at every point. They are mad with the wrong people

Shortfatsuit · 06/06/2024 20:00

Araminta1003 · 06/06/2024 17:39

@Shortfatsuit - Labour “policy” means zilch. The sudden tax coming into force could be force majeure. They are not even in power yet. For now, it’s all speculation.

Well, if people want to waste their money on ridiculous legal fees to fight a losing battle instead of just coughing up the VAT, that's their prerogative.

At least the solicitors will have enough income to keep their kids in private schools, eh?Wink

OvalLemon · 06/06/2024 20:09

northernerinthesouth2000 · 06/06/2024 10:16

To be honest @Araminta1003 it is not just about the money the raised by the scheme - there is a principle here too. People with more should pay more taxes and I think VAT on luxury education is fair enough.

Luxury education, this such a stupid narrow minded way to describe private school. It maybe be a privilege yes but it is not a luxury.

See definition from the Cambridge dictionary below -
great comfort, esp. as provided by expensiveand beautiful possessions, surroundings, or food, or something enjoyable and often expensive but not necessary

Education is NECESSARY. By your rationality, you could therefore argue state schools are a luxury compared to those in third world countries. Driving a car instead of taking the bus is luxury. Not going to private school. Get a grip.

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