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VAT on school fees - High Court Challenge.

1000 replies

EverythingAllatOnceAllTheTime · 08/09/2024 04:17

Labour’s plan to impose VAT on private school fees in January faces a High Court legal challenge over claims it breaches human rights law.

Lawyers have written to HM Treasury arguing the policy discriminates against special needs children and has threatened court action if it is not dropped.

Showtime…

OP posts:
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14
ItsAShame2 · 08/09/2024 10:40

Werweisswohin · 08/09/2024 10:38

Or perhaps they are encouraging the users of luxury goods and services to pay the appropriate tax?

If you think education for our Sen kids is a luxury then you have a very twisted opinion on the world and there is no helping you.

Werweisswohin · 08/09/2024 10:40

Paddlinglikehell · 08/09/2024 10:37

Wow! I wonder how many people on here pontificating and judging have a child with SEN or tried to get an ECHP? How many have been let down by the provision for a ND child in the state system?

My guess is not many, or either you have been privileged to get a fully supported place at a great state school.

The fight for support for an SEN child is very real, it’s exhausting, seeing your child struggle in a class of 30 plus children, not being able to read, because they process differently and no one is there to support them is heartbreaking, when you know they are actually very bright!

Instead, you send them to a private school, 16 in a class; at 7 they couldn’t read, at 8 their reading age is two years ahead. It’s costing nearly all your salary, £15,000 but you know you’re doing the best you can for your child and they fly!

imagine all that progress being taken away, because of an extra cost in their education?

With an eventual diagnosis of HF autism, Dyspraxia and Dyslexia, my child continues to fly and is off to the University of Surrey next week. She will be supported by Uni and has been awarded DSA - something else this Government are wanting to axe.

Not all those in private schools are loaded, 40% of our school were on bursaries on scholarships as they were talented. Their state school put them forward for entrance exams because they knew they could achieve far greater things.

I won’t apologise or feel guilty for doing what was right for my child, which is what many of you seem to want on here.

Nobody wants you to apologise or feel guilty, simply to recognise that private education is a luxury and that luxury needs to be taxed accordingly. People have different reasons for wanting private education but none of those reasons make it no longer a luxury.

Beekeepingmum · 08/09/2024 10:41

Human rights my arse. Anything can be challenged in the courts and if you pay enough you'll always find a lawyer who will do the work.

MrsBennetsPoorNerves · 08/09/2024 10:41

Phineyj · 08/09/2024 10:31

Are you kidding @MrsBennetsPoorNerves? Because we're too busy doing the unpaid legal work to repeatedly take our LAs to the SENDIST tribunal to get our kids access to an appropriate education! I do need to earn a living as well. I can't spend all my time doing unpaid legal work.

Well, yes, lots of parents do have to spend a lot of time advocating for their children. I understand how difficult that is, and I sympathise. But I am concerned about the children who don't have parents that are able to advocate for them.

To be clear, I'm not demanding that you should put in hours of unpaid work to fight for the needs of children other than your own. I'm merely saying that, if you expect anyone to take this seriously as a human rights issue, then you cannot only focus on the "human rights" of children from wealthy families. Human rights, by their very definition, apply equally to all.

EverythingAllatOnceAllTheTime · 08/09/2024 10:41

Delphigirl · 08/09/2024 10:39

I agree. Which is why vat should be charged on it.

And yet you weren’t calling for the imposition of VAT when you own children were in PS?

Why was that?

OP posts:
Effic · 08/09/2024 10:42

AboutVattime · 08/09/2024 10:13

This is why it's never wise to get excited by the stuff in the Torygraph or the Daily fail..

This mother of a 'SEN child' who only earns £1600 a month a a charity worker, decided to put her daughter into a £16500 per year private school with 7 children to a class in year 7. BEFORE she had even attempted to attend the allocated state school.

The daughter's EHCP application failed.
The mother states that the child was sad and anxious. Her parents (retired army vet and police officer - so gold plated pensions ) help cover the fees.

I suggest a different scenario here.
Mother wants her kid to attend private. Works herself into a state about it - which makes the child anxious and sad. (Inter-generational anxiety transference is a huge problem for child MH at the moment)
Grandparents step in and pay. Then guess what ? Child becomes immediately happy and content because mother has got her way ..

However , these fees went up 13% in September and with VAT looming - likely to say no more.

I'm sorry this case is purely parental choice . There has to be a definition of SEN needs from a funding point of view or we start to go down the ridiculous road of parents self diagnosing their kids.
This woman's child has not got an EHCP . Yet feels entitled to a private education on special terms (VAT exemption)

What is to stop every child's parent at her allocated state school saying 'I rather fancy my kids going into a class of 7 rather than 30 as they are anxious' ? and want to be treated as a special case based on my wishes.

This woman has made a 'luxury' choice for her child and that attracts VAT. My sympathy lies with the kids in the class of 30 without grandparents in such a generous position.

I voted Labour for this reason amongst many.

I also have two left in Private school but believe the broadest shoulders should carry the heaviest load.

I have reported your post. Whilst I understand that this topic illicit strong opinions to suggest that the child in this case mental health issues have been caused by her parent is absolutely disgraceful.

As a PP has said EHCP are routinely turned down forcing parents to tribunal where the success rate is over 90%

PIP applications are also routinely turned down - are you suggesting that this is because all
the claimants are ‘making it up’ too or do you think their might be something wrong with the system itself

Werweisswohin · 08/09/2024 10:42

ItsAShame2 · 08/09/2024 10:40

If you think education for our Sen kids is a luxury then you have a very twisted opinion on the world and there is no helping you.

Nice try.
Private education is a luxury, regardless of why you choose to use it, simply because it isn't an option open to every person. There are many SEN who don't have the luxury of accessing private education.

Paddlinglikehell · 08/09/2024 10:43

Werweisswohin · 08/09/2024 10:40

Nobody wants you to apologise or feel guilty, simply to recognise that private education is a luxury and that luxury needs to be taxed accordingly. People have different reasons for wanting private education but none of those reasons make it no longer a luxury.

It wasn’t a luxury! It was a necessity! When the state system provides for ALL children, then yes call it a luxury!

Werweisswohin · 08/09/2024 10:43

EverythingAllatOnceAllTheTime · 08/09/2024 10:41

And yet you weren’t calling for the imposition of VAT when you own children were in PS?

Why was that?

Perhaps because it wasn't about to become actual policy then?

Phineyj · 08/09/2024 10:44

VAT stands for Value Added Tax. It is not a tax on luxuries. Just because a tax exempts essentials, doesn't mean it's a tax on luxuries (it has lots of anomalies too - Jaffa Cakes have no VAT).

Things that are seen as essential but are otherwise value added are zero rated not exempt - education, print books (not e-books), healthcare... and there are no other large economies with VAT on education as far as I know.

Ubertomusic · 08/09/2024 10:44

Janedoe82 · 08/09/2024 08:56

Maybe your money would be better spent helping actual disadvantaged children.
I have put two children through private school and now work with families who haven’t a pot to piss in. Attitudes like yours physically repulse me.

Errm... why did you not used the money you spent on your darlings' PS to buy loads of piss-pots for those poor families if you care that much? 🤔

"Better than thou" attitudes are not physically repulsive but still...

Werweisswohin · 08/09/2024 10:44

Paddlinglikehell · 08/09/2024 10:43

It wasn’t a luxury! It was a necessity! When the state system provides for ALL children, then yes call it a luxury!

Private education is a luxury.
It is a luxury because it is an option open only to those who can afford it, regardless of how much it would benefit their child.

Janedoe82 · 08/09/2024 10:45

perfectstorm · 08/09/2024 10:38

Then sort the EHCP system out so more can access it.

And for the record, the LAs love these schools. State specialist usually costs almost double - plus they're all full.

Absolutely. No issue with this.
What I do object to is people with children who don’t have GENUINE special needs (and I have met many in my time with kids at private school claiming all sorts) thinking they should be exempt from VAT.

MrsBennetsPoorNerves · 08/09/2024 10:45

ItsAShame2 · 08/09/2024 10:39

Of course the rights of all children are paramount - but why is the whole nation not being held accountable for this rather than just the private school parents who have saved tax payers money over the years by paying for private school?
Labour has twisted the narrative that private school parents are responsible for the educational improvement of the governemt schools. Everyone says it’s just a small amount of parents affected by this so bo ho. And it is a small amount of parents - why not then increase taxes from the millions of tax paying adults in the uk and fix government schools for good? I mean even if people don’t have kids - they benefitted from the education system and must underhand an educated nation is beneficial for all?

Absolutely, the whole country must be held accountable for this, and those with the broadest shoulders (I include myself in this) must pay more tax into the system so that the needs of all children can be adequately met. VAT on private school fees is one tiny part of that jigsaw but other taxes need to be raised as well. I hope that the Labour government will find the courage to do this.

Delphigirl · 08/09/2024 10:47

EverythingAllatOnceAllTheTime · 08/09/2024 10:41

And yet you weren’t calling for the imposition of VAT when you own children were in PS?

Why was that?

Actually I always said I didn’t particularly understand why vat was not chargeable, and that I would support its introduction. This conversation has been going on politically for many years, you know. But no I didn’t start a petition demanding it. Much as I would be bird happy for my income tax to be raised to help public services out of the hole the Conservative Party has dropped them into, but am not calling for a 70% tax rate either.

neither very difficult to understand. Except perhaps for you?

GoldenCat · 08/09/2024 10:48

Look, regardless of opinions on privilege, fairness, etc - VAT on private education is only useful if it actually raises enough money to improve state schools!

There's lots of analysis showing that it will, in fact cost the taxpayers money. Here's an example.
https://www.taxpayersalliance.com/analysisvatonprivateschoolscouldendupcostingtaxpayers

People arguing that something 'should' be taxes just because it's a luxury are ignoring the fact that most others don't cost the government money. If a Gucci handbag is too expensive, people just won't buy one. They don't need to provide another handbag.

All these parents are actually saving the state sector money with private education. This is a fact, not emotion.

Frowningprovidence · 08/09/2024 10:48

See I have a son, without SEN, who attended his local maintained state school. He had a great time and just left with excellent GCSEs. It was ofsted good and sits about national average

I feel so privileged to have this available to me without spending a penny.

Janedoe82 · 08/09/2024 10:49

Ubertomusic · 08/09/2024 10:44

Errm... why did you not used the money you spent on your darlings' PS to buy loads of piss-pots for those poor families if you care that much? 🤔

"Better than thou" attitudes are not physically repulsive but still...

I am not the one objecting to paying VAT?
I also am very well aware that my own children were extremely privileged to have been afforded a private education and I certainly would not expect special treatment to fund what was my choice!! That is the issue. The expectation that money that could be going to help actual children in need isn’t there because wealthy parents are objecting to paying VAT on a luxury item.

Paddlinglikehell · 08/09/2024 10:50

perfectstorm · 08/09/2024 10:39

They're trying to axe DSA?! Dear God, I didn't know that - still in the EHCP trenches, personally.

Well done and congrats on the uni place to your DD!

Thank you it’s been a long road and st the moment I’m feeling a bit emotional about it all, we never thought we’d be in this position.

leep going, keep fighting, good things will happen.

Phineyj · 08/09/2024 10:51

Try living in Kent with an SEN child and then tell me you're choosing for your child not to be state educated.

www.kentonline.co.uk/kent/news/amp/kcc-misses-targets-for-key-services-as-complaints-rise-299605/

It is obvious that their strategy is to manage SEN out of the state system and into private provision in the neighbouring counties (or no provision) while the state schools (including most of England's remaining grammars) keep those Outstanding designations. It will be interesting to see what difference the change to Ofsted might make.

Werweisswohin · 08/09/2024 10:51

Frowningprovidence · 08/09/2024 10:48

See I have a son, without SEN, who attended his local maintained state school. He had a great time and just left with excellent GCSEs. It was ofsted good and sits about national average

I feel so privileged to have this available to me without spending a penny.

Everyone in the UK should have access to education, so in that regard you're not privileged.
We all have privilege in some ways though, and need to recognise that.

Janedoe82 · 08/09/2024 10:52

GoldenCat · 08/09/2024 10:48

Look, regardless of opinions on privilege, fairness, etc - VAT on private education is only useful if it actually raises enough money to improve state schools!

There's lots of analysis showing that it will, in fact cost the taxpayers money. Here's an example.
https://www.taxpayersalliance.com/analysisvatonprivateschoolscouldendupcostingtaxpayers

People arguing that something 'should' be taxes just because it's a luxury are ignoring the fact that most others don't cost the government money. If a Gucci handbag is too expensive, people just won't buy one. They don't need to provide another handbag.

All these parents are actually saving the state sector money with private education. This is a fact, not emotion.

Edited

Private schools will continue to exist regardless of this policy. Parents will still use them. There won’t be this mass influx to the state system 🙄.
Because at the end of the day- most private school parents don’t want their kids mixing with poorer kids in stage schools!! It is the elephant in the room but never the less it is there!! Everyone is just to polite to admit it!!

Sunshineonarainyday80 · 08/09/2024 10:54

Janedoe82 · 08/09/2024 10:52

Private schools will continue to exist regardless of this policy. Parents will still use them. There won’t be this mass influx to the state system 🙄.
Because at the end of the day- most private school parents don’t want their kids mixing with poorer kids in stage schools!! It is the elephant in the room but never the less it is there!! Everyone is just to polite to admit it!!

We started off in state (as did many in my DD's cohort) so I have no issue mixing with "poorer kids" - people always assume some sort of huge snobbery! I grew up in poverty so I'd be an even bigger hypocrite!

Meeplebeen · 08/09/2024 10:54

MrsBennetsPoorNerves · 08/09/2024 10:25

I agree that the EHCP process is a mess. I just don't understand why all of the legal challenges wouldn't be focused on that rather than on VAT on private school fees.

All children with SEN need appropriate educational provision. Not just rich ones.

Because it's not about children with SEN for these people. They're just a convenient excuse.

Phineyj · 08/09/2024 10:55

You are wrong. In state schools we are already seeing doubled numbers from private at key entry points.

Probably only in areas with high population, but it's happening.

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