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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:
Thread gallery
14
0BonneMaman0 · 08/09/2024 12:25

@ChoiceChoiceChoice Keir went to a state grammar.

Werweisswohin · 08/09/2024 12:25

EverythingAllatOnceAllTheTime · 08/09/2024 12:22

Starmer’s father was a tool-maker - that much I do know.

Edited

And?

Werweisswohin · 08/09/2024 12:26

0BonneMaman0 · 08/09/2024 12:25

@ChoiceChoiceChoice Keir went to a state grammar.

We know some politicians didn't go private but many many did!

CasaBianca · 08/09/2024 12:28

The reality is that there is no money and why should the already privileged be given an exemption
Paying for a private place already saves the state money though.

Werweisswohin · 08/09/2024 12:30

CasaBianca · 08/09/2024 12:28

The reality is that there is no money and why should the already privileged be given an exemption
Paying for a private place already saves the state money though.

Not paying VAT also adds to the privilege though. Don't pretend people use private for altruistic reasons. 🫣

perfectstorm · 08/09/2024 12:31

IncessantNameChanger · 08/09/2024 12:24

Well hopefully every parent will be wringing their hands and posting when the safety value agreement ends. Our government want to level up SEN by bringing all the sen kids out of indi sen schools, while not having enough state sen schools and actively pushing down EHCP numbers.

So switch my son back into nursery age. He goes to mainstream school non verbal at four with no ehcp and no extra funding. He is terrified as he can't communicate by ANY means. He runs off, he acts undesirable. The NT parents are spitting blood for millionaire kids to bring up the state standards are also delighted to do the same for those less fortunate like the sen kids and for their kids too model great behaviour, how to talk, use the loo, sit still etc and he parents will advocate for better. Like the private parents moving into state will do for their kids.

In reality the ask the head in droves to expel the sen kid ( I know this as it happens to my sen dd last term).

🤣 I'm sure everyone on here who wants VAT on the wealthy want a level field for sen too. For EVERY child. Same education for everyone? No private, no grammar..... no SEN provision? Let's not go THAT far...... careful what you wish for as its coming. It was in the white paper. The safety value ends. Shit hits the fan.

It's terrifying, all ways around. I honestly believed Labour would do better for SEN, but as you say, be careful what you wish for.

Getmeahobnobstat · 08/09/2024 12:31

Werweisswohin · 08/09/2024 12:25

Naming a few who didn't go private doesn't really argue against the fact that huge numbers did. 🫣

I really don’t think it makes a difference which school they went to. It seems that it’s mostly about whether they’re running the country or not. It must be one of the interview questions.

Interviewer: So you want to be prime minister do you? Hmm. Here’s a question for you. You need to spend 30 billion of tax payers money, and quickly, how do you do it?

Interviewee: That’s easy, I’d create a plan to give more to the NHS.

Interviewer: I’m afraid that’s the wrong answer…

Interviewee: Ohh! No! I mean climate change in Timbuktu!

Interviewer: The jobs yours.

EverythingAllatOnceAllTheTime · 08/09/2024 12:33

Right, going for a run in between the rain.

In the interim, let us rejoice at news of this legal challenge!

OP posts:
IncessantNameChanger · 08/09/2024 12:33

If you banned all indi schools you'd have some very complex needs and mental health, behavioural issues going into mainstream as every single SEN school in my county is full with long waiting lists. If you really want to abolish grammar and independent surely you want the bog standard mainstream stare option? It works in Isle of Mann after all. All the semh kids can go to local state school.

Getmeahobnobstat · 08/09/2024 12:34

EverythingAllatOnceAllTheTime · 08/09/2024 12:33

Right, going for a run in between the rain.

In the interim, let us rejoice at news of this legal challenge!

I love it when a stupid government plan doesn’t come into fruition.
Fingers crossed.

Shadowbox7 · 08/09/2024 12:35

Dodo23 · 08/09/2024 04:32

Seriously... If there was no provision within the state school system perhaps it would fly, but there is, even if it's inadequate. Private education is a luxury, if you can't afford it with VAT then you can't afford it. Cut your cloth to suit. They're is very little sympathy for this issue outwith the 7% or 8% of the population it affects.

Fails to realise the bigger picture..many towns / villages are kept afloat by the presence of a private school, the people they employ, the money the parents/ pupils bring into the nearest high street, the services they use, the money they raise for community causes.
Think bigger.

ItsAShame2 · 08/09/2024 12:39

Werweisswohin · 08/09/2024 12:20

Nobody is saying SEN kids are privileged because they have SEN, but anyone who can access private education is privileged in that aspect.

Everyone who has access to a certain income is privileged - regardless of whether they pay for education or not…but for those individuals who want the government to come after the parents who have their Sen kids in private school because they couldn’t cope in the free government system - are just morally twisted in my opinion. Getting my child an education was not a luxury - it was a necessity. When a society has gotten to the point of thinking an education for Sen kids is a luxury there is no helping you.

Meeplebeen · 08/09/2024 12:42

EverythingAllatOnceAllTheTime · 08/09/2024 12:15

You do realise that the wealthiest are the most mobile, dont you? Capital will flee - it is already in flight.

This is not about them. It is about people who have foregone consumption elsewhere to be able to afford to enrol their children in independent schooling.

There was me thinking it was about children with SEN.

Janedoe82 · 08/09/2024 12:43

ItsAShame2 · 08/09/2024 12:17

I actually feel very privileged my son is in a brilliant free school - he’s had a wonderful (free) education and has his sights on uni.

I don’t feel privileged my daughter has SEN needs. I don’t feel privileged she couldn’t cope with the government school system. I don’t feel privileged that she is academically capable of uni but might not be able to go due to her SEN needs and disabilities. Just this morning I have been taking to my husband about applying for PIP for her - something i knew she was eligible for but felt with our ‘privilege’ we did not need to do until the labour government introduced the VAT.

The ‘privilege’ you feel as private school parents of Sen kids you think we have - I bet many parents would give that up to have their Sen kids happy and healthy and not needing a private school education to cope.

You are privileged in that you can pay for private. Most SEN parents can not.

nearlylovemyusername · 08/09/2024 12:45

Janedoe82 · 08/09/2024 12:43

You are privileged in that you can pay for private. Most SEN parents can not.

so what? let's take this option away from those who could?

Janedoe82 · 08/09/2024 12:47

EverythingAllatOnceAllTheTime · 08/09/2024 12:04

Please expand?

For someone who purports to be so intelligent do you really need me to tell you why closing them attainment gap benefits society? Really?

Ubertomusic · 08/09/2024 12:48

perfectstorm · 08/09/2024 10:56

Oh, really?

Medium rate DLA is £300 odd a month. Higher rate (for kids who never fucking sleep) is less than £600. I am really, really grateful for that money, and grateful to live in a country that pays it, but it does not touch the sides in terms of the actual costs of their needs.

I can't be in paid employment as my children's needs are too high.
My son's school trauma is so huge, and CAMHS so useless, we are presently funding £110 a week for private psychology EMDR sessions.
My daughter has severe hypermobility and is in orthotic shoes, and the hospital advice is that she needs private 1:1 dance lessons, so that's £36 a week.
They can't wear standard clothing - have to wear specific materials and they have to be made a specific way. Hugely expensive. No H&M and Primark for my son, especially.
They have to have long showers every night as the sensory side relaxes them and helps them to get at least some sleep. That carries costs.
They have very restricted diets and we have to cook three separate meals every night - also have to ensure supplements they can actually accept (so, they can't swallow iron - has to be Spatone in juice, which isn't available on the NHS).
Both are in glasses that aren't covered by NHS costs - my son's are so thick, they don't fit in normal lenses. My daughter needs myopia control lenses which aren't NHS covered but may spare her the 40% risk of permanent blindness in later life myopia on her brother's scale carries - that's £45 a month. Nor can they cope with the cheap local optician; we have to use the smaller, quieter private service just to get them through the doors.
They have specific needs that constantly throw up random costs - my son can't cope with NHS dental x rays so we have to pay for the touch-free, 360 machines instead.

That's before the £100,000 we've spent across the last six years proving their needs and taking the LA to Tribunal - which you can only win if the LA broke the law to begin with. Four in, we always win. And their educational provision reflects this. But we don't run a car, don't go on holidays, and my own clothes very much do come from Primark and H&M - or Vinted. We are very, very substantially in debt.

But hey, the EHCP pays the school fees, so no VAT for us. Winning!

You have absolutely no clue. And for the record, I spend a lot of my time helping parents who have no funds and no way to get EHCPs, and who don't understand the system, to get their kids sorted. I don't take a penny and never would - any money they do have should go on expert reports to prove the needs. A lot of people in here are bleating about social justice and showing zero knowledge or compassion for the families affected. I spend a lot of my life supporting low income families in getting their kids the EHCPs and the support they need - some into private schools, with LA paid fees.

Again, I don't give a toss about VAT for parents whose kids don't have these needs. But saying those who do should be broken in state mainstreams alongside peers whose parents have no options... why? Who benefits if even MORE kids are badly harmed? Not even the tax payer - failing SEN kids this much is costing the state billions, long term. Every child protected is a gain for every one of us. And try asking the LA if they think this will go well for their SEN budgets, too. It won't.

We need an exemption for kids on DLA.

Edited

Honestly, I couldn't get my head around what that that person was talking about and what planet they live on 🤯 Paying for PS out of DLA can only be trolling or direct insult.

Janedoe82 · 08/09/2024 12:48

nearlylovemyusername · 08/09/2024 12:45

so what? let's take this option away from those who could?

No one is taking it away. Use your DLA to cover the shortfall.
or campaign for an exemption for SEN children. Legal action would be better spent on this.

RunningForATaxi · 08/09/2024 12:49

@Werweisswohin you can’t get beyond the word “private”, can you, despite being corrected?
The point I made is that for some this is not a luxury but a scrimped for necessity, an investment in a generation upon whom our future will rely.
As for luxuries, are you equally as sneering towards those who shop in Harrods and Fortnum and Mason, and stay in Claridges? It’s inverse snobbery.

perfectstorm · 08/09/2024 12:51

ItsAShame2 · 08/09/2024 10:23

I just don’t think people understand the time element - when you have a child struggling emotionally with school, it takes a while to work out what is wrong and how to solve the problem. A lot of these Sen kids coped with primary where they were in classes with kids they had known for years, had the same 1-2 teachers for each academic year and were in the same classrooms for this period too.
Suddenly after they start high school which is bigger / a lot of new social relationships / moving between rooms several times a day and more significantly seeing a different teacher every hour or two - that the child starts to struggle.
Most parents / schools at first think it’s just the change from primary to high school - and then it’s blamed on puberty. It’s only when a child gets really bad that neurodiversity is considered and then there is a waitlist of years for assessment. People talk about an ECHP - but (after speaking to an echp lawyer for a free consult) these are for really for the child to be a specific government school which physically will unlikely be able to address the small classes sizes a lot of Sen kids need due to their sensory overload issues. And an echp can take years.
So realistically, a year 7 child struggling will spend a year seeing if it’s just settling into high school / puberty. Then if in year 8 it’s agreed they might have neurodiversity they are waitlisted for 2-3 years for this assessment. And then if they are assessed in year 10/11 gcse years - and an echp takes 2 years - they’ll get one when they finish high school.
this is why parents opt to pay private if they can earlier in their child’s schooling

@ItsAShame2 the legal advice you were given was completely and 100% incorrect.

I have friends who have kids in EHCP funded independent specialists, and state specialists - most, but not all, secured via appeals. My own daughter has an EHCP funded place in a small private mainstream, with classes of only 15 in a green calm setting - she has a 1:1 TA to help her, and OT and SLT as well as play therapy. My son has a complex EOTIS package (most people call it EOTAS, but judges hate that, so I am retraining myself to say EOTIS!).

Our LA is actively trying to place kids in small mainstream independents right now, because the (fantastic - if they weren't for MDL when my kids are able, I'd also be fighting to get them in) state specialists are already so full they're well over PAN. And small mainstream private is cheaper than specialist, state or private alike, so they are really pretty open to that as a path here. It costs less. It can even cost less than mainstream state in some cases, just because they may not need a lot of provisions implemented for that one child, as they're part of the standard offer.

If you want to PM me, I can talk you through the process. If you are unable to access mainstream provision without distress and harm due to unmet need, then an EHCP can and must provide for an education that child can access.

An EHCP only takes years if the parents don't know the legal mechanisms to ensure otherwise, too. Knowledge is absolutely power here. It's slow, but can be forced into a year or 18 months or so if the right steps are taken. And apart from anything else, the assessment reports are so, so valuable in knowing why and how your child struggles, and what needs to happen to help them.

Sunshineonarainyday80 · 08/09/2024 12:51

Janedoe82 · 08/09/2024 12:47

For someone who purports to be so intelligent do you really need me to tell you why closing them attainment gap benefits society? Really?

Closing it only benefits society if you level up rather than down.

And this won't close the wealth gap you referred to, it will increase it.

ichundich · 08/09/2024 12:54

Janedoe82 · 08/09/2024 12:17

That won’t be the case as the birth rate is falling. State schools can accommodate the extra children which will offset the extra money.
Also it is unlikely to cost anywhere near that figure to implement. HMRC have said they already have the measures in place to do it.

I don't get this argument. If birth rates are falling, state schools will receive less funding, so the end result is the same!

Paddlinglikehell · 08/09/2024 12:55

Janedoe82 · 08/09/2024 11:56

What are the negative consequences? More wealthy kids in the state system is a good thing.

A large private school in Liverpool that previously had separate boys and girls schools is merging and one Co. Ed school.

This means one school site is being sold off. Despite it being a school since 1700. There is a loss of teaching staff, cleaners, cooks etc. which impacts immensely on the local community.

Another school not far is also downsizing.

Hardly positive in an already low income area.

Sunshineonarainyday80 · 08/09/2024 12:58

And I'm not really sure how more wealthy kids in the state system is a good thing anyway? How do a nicer house, foreign holidays and a bigger pension for us help the state school system?

Ubertomusic · 08/09/2024 12:58

Janedoe82 · 08/09/2024 11:00

I know from 14 years of kids in private schools and having very honest conversations with other mothers!! This isn’t about being snobby- it is about parents weighing up the options and choosing the private to get away from kids who will be problematic!!

You're using too many exclamation marks.
Stop projecting your own snobbery onto other people, please.

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