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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
LlynTegid · 10/04/2025 12:04

Pinning any hopes on this is unreasonable. I do however believe in justice, even though the Tories don't if their actions and lack of able Justice Secretaries over many years is a guide. People should be able to have a day or more in court.

DrivingandInsurance · 10/04/2025 12:23

APocketFullOfRye · 10/04/2025 12:00

@SummerDaysOnTheWay

Do you pay tax on your kids education.
education. 🤣🤣🤣
I don’t think so as no country taxes education.

Well VAT is value added tax so it is a tax on education....

Those who send their children to private school pay tax twice for education.

APocketFullOfRye · 10/04/2025 12:31

DrivingandInsurance · 10/04/2025 12:23

Well VAT is value added tax so it is a tax on education....

Those who send their children to private school pay tax twice for education.

Assume you meant that for the poster I tagged as we’re saying the same thing
👍

APocketFullOfRye · 10/04/2025 12:33

IHeartHalloumi · 10/04/2025 07:50

The court case has already brought into the public domain government discussions on when to add VAT to school fees - they deliberately chose the most disruptive point mid school year, and that was actively discussed.

The internal treasury estimates of the number of children moving from private to state was 10%, significantly higher than the number they publicly used - and at a level where the VAT is likely to not be revenue generating.

Labour may win the case but they've already lost my vote based on their shabby treatment of children- who usually are not the people deciding what school to go to.

Labour clearly think vaping is better for you than private school - they gave the vaping industry 2 years to 'adapt' to tax changes! They should be banning vaping altogether (outwith smoking cessation), not protecting the industry.

Wow

Thats an excellent comparison re vaping

DrivingandInsurance · 10/04/2025 12:39

APocketFullOfRye · 10/04/2025 12:31

Assume you meant that for the poster I tagged as we’re saying the same thing
👍

Yes, sorry! I get annoyed by the inference that those who pay are exploiting a tax loophole and therefore should be penalised.

APocketFullOfRye · 10/04/2025 12:39

AquaPeer · 10/04/2025 10:13

But the issue with that cruelty is that parents had already paid the schools for the spring term.
The schools didn’t have to do a VAT return and payment for this until 31/03. yet within months, multiple schools were going bankrupt and closing overnight with no notice. Why? Aren’t you in the slightest bit curious?

I used to work in insolvency in the eduction sector (but colleges and unis rather than private schools) the only reasonable explanation for this is that these schools had been poorly run for years. That’s not acceptable at all. It’s a shock to the market but clearly they weren’t sustainable

Or perhaps the explanation is that parents had already put in their notice to leave and / or they weren’t getting the usual number of applicants for future places.
Therefore they shut in the knowledge that the viability of the school long term was unsustainable.
The impact on the ni hike was a double whammy for them as well.

Pottedpalm · 10/04/2025 12:41

Yaaaassssssqueeeeeennnnnslay · 09/04/2025 12:59

A lot of the money to pay for the legal fees for the Challenge were Crowdfunded, and looking at the comments from many people who contributed , it’s clear that they think this case will 1) be won 2) will immediately save them money -
seems disingenuous to say the least, that the people asking for the money weren’t upfront about both their chances of being successful and the amount of time it would take for any actual resolution.

Why do you assume that people contributed blindly, without proper understanding of the issue?

APocketFullOfRye · 10/04/2025 12:42

DrivingandInsurance · 10/04/2025 12:39

Yes, sorry! I get annoyed by the inference that those who pay are exploiting a tax loophole and therefore should be penalised.

It’s always dished out on these threads.
As if it’s never been explained before 🤣🤣🤣.

Tbh I just don’t understand why it has to be explained at all.

CheeseNPickle3 · 10/04/2025 12:42

MesmerisingMuon · 09/04/2025 11:45

I can see WHY they've implemented the fees, and am not totally against it, but the way they have done it is wrong.

They have literally moved the goalposts and disrupted the education of children.

To make such a change, they should have given at least 3 years notice, so parents have time to look for a suitable alternative, or find sufficient money so their child can finish their education in the same setting.

It's a bit like Labour getting into Power in 1997. I was just too young to vote, but I know so many parents voting because Labour's anti tuition fee policy to abolish the Tory's tuition fees was very popular. Then not only did they renege on their policy, they then trebled the fees! I remember Tony Blair turning up at my university, and we all turned our backs on him in protest!!

Anyway... Private schools need to re-think their business plan to survive. Perhaps lower tuition fees, more bums on seats, focusing on good quality education and no disruptions in lessons.

I've worked in a state school for nearly 12 years and if we didn't have to deal with the disruptive rude self entitled children (mostly caused by poor parenting), then state schools would be just as good as private.

In fact, get rid of private schools altogether, encourage wealthier parents to invest in their local schools, and bring back borstal style boarding schools for those who need some discipline and respect instilled in them.

Er... university tuition fees were introduced in 1998 by the Labour government. People didn't vote Labour to stop tuition fees being introduced.

I was in my 3rd year at university then and didn't have to pay the fees because tuition was already covered if you'd already started.

EasternStandard · 10/04/2025 13:19

They might not win but good on them for trying to
oppose a very poor policy.

Nominative · 10/04/2025 13:35

RhaenysRocks · 10/04/2025 07:46

wrong. The bar for EHCPs is so high and the process can be so torturtous, deliberately obstructive and time consuming that some kids age out before it can be achieved. It has been demonstrated time and time again that a typical 1000+ secondary can be massively challenging for children with AuADHD. The rigidity, lack of time and space to cater to make minor adjustments, behaviour issues, crowsed and chaotic and rushed lucnhtimes etc can be overwhelming. These kids don't need a special school or even many adjustments in the classroom that a teacher might make, its the environment. Unless we are going to cut all comps in half and double the staff, you can't recreate the private setting that suits those kinds of kids.

Not wrong. The fundamental criterion is that the child needs support over and above what is normally available in mainstream schools. If, as the barrister claims, they are in private schools because they need that support then they meet the criterion. That includes a need for a calm, quiet environment, small school and small classes.

It may be that it would be difficult to get an EHCP, but that is not something the judicial review court is going to take into account.

Nominative · 10/04/2025 13:37

Parsley1234 · 10/04/2025 07:48

Phillipson is on her way to outlaw reconsideration of EHCPs which means no appeal process

No, she isn't. Not even the most pessimistic person in the SEN field believes that.

Nominative · 10/04/2025 13:47

Bluecheesebonkers · 10/04/2025 08:28

Wrong, wrong, wrong!!!!

Goodness this is frustrating! The exemption for SEN children is only available if you have an EHCP AND have managed to get the local authority to pay your private school fees for you. It’s that AND which means this exemption is rarely used. My child was told by the state school that they couldn’t safeguard them from vicious bullies who bullied them due to their ASD, and if it was at all an option to get my child into one of the local private schools. They were right. My child is now thriving. BUT do you think the local authority would admit this and fund the fees? Of course not! They just wanted my child to try another state school (with the same issues), and if that didn’t work, yet another state school.

No local authority is going to fund mainstream private school - I don’t think there are any such placements in Scotland whatsoever - when they can just palm you off with a cheaper alternative. The exemption for SEN kids it totally meaningless.

Again, not wrong x3.

According to reports of the hearing, counsel for the parents said that it was "not fair" to remove vulnerable children from a school where their needs are met, to an environment where they are not met, without "weighty justification". Based on that criterion, if the children's needs are not being met within a mainstream school environment, they would as a matter of law qualify for an EHCP with provision that puts them into an environment that meets their needs. Either that will be a private school named in the EHCP, or something like a special school or alternative provision. It is not that unusual for LAs to fund private schools precisely because the child needs small, quiet classes and a quiet environment, and independent private schools may well come in cheaper than special schools.

Issues around being bullied are not SEN in themselves, so the possibility of getting an EHCP for this reason alone doesn't arise anyway. If, say, a child with ASD is being bullied it may well be possible to make a case against mainstream school, not least because of the long term effects of anxiety and trauma on the child's ability to learn.

Nominative · 10/04/2025 13:53

Pottedpalm · 10/04/2025 12:41

Why do you assume that people contributed blindly, without proper understanding of the issue?

Isn't it reasonably clear that this is based on the comments of contributors?

Bluecheesebonkers · 10/04/2025 14:47

Nominative · 10/04/2025 13:47

Again, not wrong x3.

According to reports of the hearing, counsel for the parents said that it was "not fair" to remove vulnerable children from a school where their needs are met, to an environment where they are not met, without "weighty justification". Based on that criterion, if the children's needs are not being met within a mainstream school environment, they would as a matter of law qualify for an EHCP with provision that puts them into an environment that meets their needs. Either that will be a private school named in the EHCP, or something like a special school or alternative provision. It is not that unusual for LAs to fund private schools precisely because the child needs small, quiet classes and a quiet environment, and independent private schools may well come in cheaper than special schools.

Issues around being bullied are not SEN in themselves, so the possibility of getting an EHCP for this reason alone doesn't arise anyway. If, say, a child with ASD is being bullied it may well be possible to make a case against mainstream school, not least because of the long term effects of anxiety and trauma on the child's ability to learn.

There are no children who receive this so called exemption in Scotland because no local authority is funding mainstream private education for a SEN child. Not one. That is how narrowly it has been written. That is how stingy the government has been with its ‘we won’t let this affect SEN kids’ nonsense. I pay the fees to school a child that the government has washed their hands of, and then the government has the fucking nerve to ask me to pay VAT on top! Try fulfilling your statutory duty first! Provide my child with a safe school place that is calm and disruption free in order that they can learn. It shouldn’t be too much to ask. But it is, so I have to pay.

ethelredonagoodday · 10/04/2025 14:50

I have not RTFT OP, but I agree. And I have one child in state and one in private.

MesmerisingMuon · 10/04/2025 18:27

CheeseNPickle3 · 10/04/2025 12:42

Er... university tuition fees were introduced in 1998 by the Labour government. People didn't vote Labour to stop tuition fees being introduced.

I was in my 3rd year at university then and didn't have to pay the fees because tuition was already covered if you'd already started.

In April 1997 just weeks before polling, Tony Blair said “Labour has no plans to introduce tuition fees for higher education" and his sidekick Robin Cook said “We are quite clear that tuition costs must be met by the state.”.

This was a HUGE part of their campaign after a further education study had suggested that fees would need to be introduced. They got a LOT of votes from those with teenagers.

Two months after he was elected, TB then did a huge U-turn and introduced the tuition fees in Sept 1998.

I was the first year of tuition fees.

Nominative · 10/04/2025 23:20

Bluecheesebonkers · 10/04/2025 14:47

There are no children who receive this so called exemption in Scotland because no local authority is funding mainstream private education for a SEN child. Not one. That is how narrowly it has been written. That is how stingy the government has been with its ‘we won’t let this affect SEN kids’ nonsense. I pay the fees to school a child that the government has washed their hands of, and then the government has the fucking nerve to ask me to pay VAT on top! Try fulfilling your statutory duty first! Provide my child with a safe school place that is calm and disruption free in order that they can learn. It shouldn’t be too much to ask. But it is, so I have to pay.

That's down to Scots law passed by the Scots Parliament: the SEN system there differs from the one in England. There are children with EHCPs that name private non-specialist schools in England. If that is the extent of your knowledge of the SEN system, I'm surprised you were so dogmatic in saying I was wrong.

Yaaaassssssqueeeeeennnnnslay · 11/04/2025 13:54

Pottedpalm · 10/04/2025 12:41

Why do you assume that people contributed blindly, without proper understanding of the issue?

From all the comments made by people who are donating .

OP posts:
RhaenysRocks · 11/04/2025 19:12

Nominative · 10/04/2025 13:35

Not wrong. The fundamental criterion is that the child needs support over and above what is normally available in mainstream schools. If, as the barrister claims, they are in private schools because they need that support then they meet the criterion. That includes a need for a calm, quiet environment, small school and small classes.

It may be that it would be difficult to get an EHCP, but that is not something the judicial review court is going to take into account.

Nothing you've said contradicts what I said. It is hugely difficult to get an EHCp and there is a fairly large swathe of kids who fall in the gap between what state schools can cater too and high enough need for an EHCP. You may be right that it won't be enough to sway the court case but it is still true and unless / until Bridget Phillips and co admit it, they will hide behind this small provision to justify the VAT stance.

satisday · 14/06/2025 18:05

VAT Exemption for Independent Schools, being withdrawn, is a 'non-debate', surely.

1972's, UK entry to the EC, spearheaded by Edward Heath's government, illicited the, necessary, requirement of VAT legislation, imposing a universal Tax on most Goods and Services. One main Exemption was always the Education Sector, again, in line with European requirements and Law.

Post Brexit, I am not surprised that this Exemption has been withdrawn from the Independent School's Sector now, which is perfectly in line with not being a member of the EU, and taking control, finally, of how Education Funding is enacted by a government. What is, also, perfectly in line, is the, generally, accepted democratic principle of 'Majority Rule', where your elected MPs vote in Parliament for such a taxation, legislation change.

The Government appears to be evening out the disparity between State and Private sector, funding and sustainability. 94% of schoolchildren in the UK, potentially, benefitting from all this 'upheaval'. Many voters from the last General Election could be saying, "that's one, valuable, return for my vote".

The 94% have made a choice, not, to pay for their children's education. That does not make them Human Rights violators. And for once, Staff and Children, in State Schools, stand the chance of wreaking the benefits of enhanced Conditions and Resources, impacting the majority of Schoolchildren, here, positively.

VAT 'Nay-sayers', appear not to have understood the basic, democratic, workings of the UK. Perhaps they need to pay a little more, to re-educate themselves.

RhaenysRocks · 14/06/2025 18:39

@satisday please can you point to any specific tangible and measurable benefits the state education sector have received as a result of this? KS and RR keep saying this money is being spent in various different ways, including housing. I haven't yet seen a single teacher directly employed as a result of extra funding from this policy. I have seen half a dozen kids leave my own school and a huge increase on y11 leavers as a result.

Lorna11 · 14/06/2025 21:14

The money’s gone to housing, not improving state schools. They lied. Until the next lie.

APocketFullOfRye · 14/06/2025 22:27

Lorna11 · 14/06/2025 21:14

The money’s gone to housing, not improving state schools. They lied. Until the next lie.

How much money.?

satisday · 14/06/2025 22:42

RhaenysRocks and Lorna11,

Thank you for your responses. I'll be interested to see how things progress here.

As I don't have much of an influence on Parliamentary Procedures and Government decisions until Elections come round, I too, am unsure as to how the VAT revenue has been spent. Since January, I suspect the millions projected to be raised, has not filtered through HMRC to the Treasury much, yet. My experience says HMRC doesn't move very quickly.

This whole 'thing' is, politically, motivated, of course, and if justification is needed for it's implementation, maybe you can both suggest a fairer way of bolstering the State Education System? If you don't care and are only interested in your own personal circumstances, then, like previous government's, you probably won't find any happy-making solutions to the challenges you face.

State School rolls are decreasing across the UK; funding is being reduced, commensurately; teachers are stretched to the limit and resources are lacking. There are many more, fixed-contract teachers than there used to be, and many of them will not be returning in September. There will be fewer classes to teach in, and less opportunity for schools to be able to afford Permanent , experienced Staff. The prospect of funding being injected into the System, will be a, long overdue, breath of Life.

The Private Sector will survive. It always does.

As to the lies that the Government tells, Lorna11, I have little idea, again. You, obviously, have inside knowledge as to the Prime Minister's, Chancellor's and Education Secretary's deliberations. Or you're just making things up, to suit yourself.

The Court Case was not a waste of time or effort (or money), because the ruling judgement confirmed the Government have not been operating illegally, in any way. Of course, the Supreme Court may get involved at some point, but that is the prerogative of those that have the funds to pursue further civil lawsuits.

Ask yourselves, whether you believe in State Education. If you do, then maybe reading the Left-wing press might be enlightening. If not, then you can expect nothing changing, for the positive, for you, anytime soon.