VAT on school fees - High Court Challenge.

[EverythingAllatOnceAllTheTime]

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…

You know, it's rude speak about yet not to quote 'that person', even if you don't agree with them.

most people call it EOTAS, but judges hate that, so I am retraining myself to say EOTIS!

@perfectstorm, this made me laugh. Frankly, I don’t care what some judges wish to call it now. There are better things to focus on than what vowel is used or whether there is a C or /C on the end.

Sre you ignoring half of my replies?
🫣

Nobody has even remotely suggested that....well apart from the private school parents of non SEN using SEN kids/parents to further their argument.

Hi Curlew! We’ve missed you!

Except, if you read the actual words you'll* see that I actually said some DLA could potentially go towards some *of the school fees/associated costs.

https://www.thetimes.com/uk/education/article/im-taking-legal-action-over-school-vat-for-my-daughters-sake-t62wt9wss

has anyone got a share token?

Oh for heavens sake, read the actual words.

People who can access private health insurance are privileged but there is not a tax for this because that would mean more burden on the nhs.

I have. You posted “it's still not unreasonable that some of it might go towards education.” It is unreasonable because, as research shows, on average, DLA doesn’t cover the existing costs so it isn’t also going to cover school fees.

The challenge has limited scope, so is unlikely to lead to the policy being scrapped, but I think it has some merit. I know children who qualify for DLA, but who do not have an EHCP, so would currently not be exempt from VAT. 20% of secondary school children in England receive DLA. I don’t know what proportion are in the private sector.

Post-covid we have the highest number of children who are persistently absent from school because of EBSA. Private schools with small classes and nurturing environments are picking up some of these kids (sometimes parent funded, sometimes local authority funded due to an EHCP). I think the VAT policy will lead to a huge increase in EHCPs, resulting in the fees being paid in their entirely by the taxpayer, instead of by the parents.

For me, an amendment meaning SEN children et al are not discriminated against, would be a major victory.

Poorly made policy based on populism, and without the numbers stacking up, must fail and be seen to fail.

This is not entirely accurate.

If you receive private health via your employer, it is taxed as a BIK under self assessment etc.

Don't assume there won't be (there should be).

Personally I don’t think in receipt of DLA is a good measure. I haven’t applied for it because it’s a 40 page form and when your kid is out of school they don’t have loads of professional people working with them to write in about their needs to support the application. And as a parent you a run ragged trying to support your child. So I didn’t bother on the basis we would be rejected. I didn’t even know about DLA until recently, because I have a late diagnosed child and years of being told she’s ‘anxious’.

I think a child being on the SEN register at school (ever) should be the benchmark. Like how school officialdom makes note of which pupils have (ever) received free school meals. It denotes a level of observed SEND need but doesn’t assume parental or school capacity to claim the support that the child would be legally entitled to claim.

See mine above.

DLA can be directed to wherever it benefits the child.

I think the VAT policy will lead to a huge increase in EHCPs, resulting in the fees being paid in their entirely by the taxpayer, instead of by the parents

No it won’t (it should do) because government has been rationing EHCPs to cash strapped local authorities on a financial basis. Look up ‘safety valve’
As others have pointed out only EHCPs naming the specific private school get funded by the LA. I have no idea how that gets to happen.

I did.
I agree with you (for once).

They can easily exempt those qualifying for DLA from VAT if they want to. That could be the test.
But then the policy will not make any money and possibly fail OBR? If that is the case, it won’t be implemented and proves they are being discriminatory.

@CurlewKate - if Dan Neidle wants to be perceived of as objective he needs to ditch the Labour Party membership and stop looking like he may have his own potential political aspirations, to some.

Yes, it can be spent on what benefits the child. I haven’t posted otherwise. However, on average, there are so many costs associated with having a disabled child that DLA doesn’t cover those extra costs and that’s before you consider school fees. So it is unreasonable to expect DLA to stretch to covering some or all of the school fees as well when it doesn’t cover the existing extra costs.

Again, read what I actually wrote.

You do realise that taking people of out state school and putting them into private reduces a schools funding, as they are funded by pupils on role?
Conversely, if, for example, 10 pupils came out of private and went into the local state school, the school gets more money, but will almost certainly have the capacity to absorb them without significant additional costs.

The trouble is, where do you draw the line? Does that include dyslexia, dyspraxia, dysgraphia…? What about gifted children in non-grammar school areas? Or children with talents not met by the local state sector, but catered for at a private school? The whole thing quickly becomes a mess. My view is you either have VAT or you don’t. The moment you recognise the need for an exemption, you are recognising that the policy is unworkable.

I have a different take on it too, which is that British education is one of our country’s most powerful and valuable exports. It brings vast amounts of money into the U.K. through jobs supported by foreign borders and international university students (most of whom received a British secondary school education somewhere in the world), it supports our exam boards and publishing companies, and it gives jobs to thousands of British teachers all over the world, who usually bring their money home eventually. The leaders of many countries in the world have either been educated in the U.K. or at a school with a British curriculum. It gives us phenomenal soft power. It is therefore an industry government should encourage, not damage.

I’d go further and say, given this I credible reputation, we need to make more of it and ensure our kids get the advantages of it too. Instead of the ghastly current policy of creating expensive Multi Academy Trusts that suck money away from the classroom, the state should open up state funding for education to any school willing to charge no more than the state pays. They can charge foreign students as much as they like, they can fundraiser, wherever, but home students must be state funded. It would create a much more dynamic sector where msny more families would have a choice over where their kids go to school.

I have read what you wrote. You posted “it's still not unreasonable that some of it might go towards education.” It is unreasonable.