To wonder where these kids are meant to go?!

[Wonderberry]

Unfortunately, my child's school is closing due to the VAT imposition on private school fees. She has special needs, and her fees are paid for by her EHCP, as it is a cheaper alternative to a special school. I am not rich. She cannot attend a state mainstream due to her special needs, and the council agrees with this.

I now have no school placement for her. The special schools are hugely oversubscribed (over 10 applications per place). Even if she could go to a state mainstream, there is no space in any of them, due to lots of schools closing locally. I have called dozens of them in desperation, as I need for her to go somewhere.

I have been frantically contacting the council to get her a new school place. They won't even respond. I'm faced with her being without any school place shortly. I cannot home school as I need to work.

My DD is far from alone in this. Unfortunately, the government has paid no thought into the wellbeing of SEND children, when imposing the VAT.

Most children in private schools are the complete opposite of disadvantaged - they’re enormously privileged. OP is one of the few not paying because of a real need.
that was all.

Except no:

https://www.telegraph.co.uk/news/2025/04/01/reeves-warned-private-school-tax-raid-harm-poor-families/

As are the kids who go to any of the top state schools in the UK, or whose parents use tutors, whose parents can afford to move to catchment of best state schools
Even Sutton Trust highlights the massive privilege that exists in state schools.

Because parents who can move house, pay for tutors, also love and care about their children’s future so will do as anyone else, everything they can to get their child the best school possible.

Of course, so exactly the same as parents who choose independent schools then? Yet only 1 set is vilified for their decisions

Labour’s policy does tend to drive this.

I would support A tax break for children who have genuine need but of course private schools would just take the piss with this they way they do their ‘charity’ status and have every other kid declared SEN in some way.

The judge ruled that legally there are no "tax breaks" or "subsidies" and told Labour KCs to stick to facts not opinions.
If you want to go down "tax break" route then you reveive tax breaks on your: food, water, utility bills etc etc etc.
Maybe park your obvious prejudice and lack of knowledge and actually read + listen to what is being said!

‘If you want to go down "tax break" route then you reveive tax breaks on your: food, water, utility bills etc etc etc.’

yes, well we do. And books, which is nice.

So start coughing up otherwise taxpayer is subsidising all of those!

FYI government KC just stated in court that if a child doesn't have an EHCP then they don't have SEN! Any parent with a child with SEN but without an EHCP needs to be very afraid of this government.

Whatttttt??

Yep and that goes alongside the admission that they considered exempting any child with SEN from VAT but that would mean it wouldn't raise enough money so they didn't

I think there will be a move away from the word SEN by the “system’ and the net affect will be kids won’t get support. It might be additional learning needs, which I think is the Welsh system.

And they have already stated that Wales is the blueprint

Yes, heard the same from the lead tribunal judge. And I think only two year of support post 16.

Was this in the SEN tribunal, and is it a decision that has been made?

Exactly. Over the last 10 years, just under half the independent schools in my city have closed.

I'm still trying to chase the council in getting a new school place. I asked them to send a consultation to the local special school, and they have now said it was sent. When I called the school, they said 'they can neither confirm nor deny receiving it'. Is this usual? I understand if they wouldn't discuss over the phone but they wouldn't email either.

I'm aware how short a time there is until we are without a school place, and that nothing happens unless I follow it up dozens of times.

Some schools are cagey about consultations. I would email them explaining DD’s actual needs and a copy of the current EHCP. The LA may not have been totally truthful.

Have you emailed the Director of Children’s Services threatening to pursue judicial review proceedings if they do not get their act together regarding the AR?

Thank you. I have mentioned pre-action protocol and judicial review many times. I am waiting for the reply to my formal complaint too.

If the threat didn’t work, have you sent a pre-action letter?

The timescales of the normal complaints process mean it isn’t a suitable remedy.

I haven't because I don't have a solicitor (not sure I can afford one either) but maybe I need to look into this

SOSSEN have affordable prices for JR. Many universities will also offer a similar service via their law students.

Sorry, preaction protocol letters! Probably not for JR, but usually the letters work: