Thread 2: VAT on school Fees- High court challenge

[EHCPerhaps]

Following on from thread 1
https://www.mumsnet.com/talk/education/5160565-vat-on-school-fees-high-court-challenge

Background to legal challenge (not yet a case):
https://www.dailymail.co.uk/news/article-13824931/amp/Single-mother-autistic-child-launches-High-Court-challenge-Labours-private-schools-VAT-raid-claiming-violates-daughters-right-education.html

Sorry to begin a new thread, OP, but your thread filled up very quickly!

The parallel is that both contravene ECHR.

If you put forward a vindictive policy, people will fight for their rights. Some parents with DC with SEND have been fighting all their lives and now they will get all the funding they want to embarrass Starmer and his cronies.
So yes, I think this has the potentially massively blow up in Starmer’s face.
Old people and disabled children, great public image!

They’re obviously responding to the sovereignty post if you read back

I don't think anyone expected the MC and UC private parents with their money and connections and their immense self of entitlement to not create a massive stink.
I mean who WOULD want to pay more for something if they could get away with dodging tax?

It’s not ‘dodging tax’ and there’s a reason the U.K. is an outlier on this

If the courts rule that VAT cannot be imposed on fees for kids with SEND pending the drawn out EHCP process then how could anyone possibly argue with that?

It's one family, one case, one kid.
'possibly argue' is the very definition of appeal... that kids will be an adult before it ever gets setlled, by which time we'll all have moved on.
Anyone resting their hopes to dodge tax off the back of that would be better spending their time saving money or looking for a state school to move their kids to

They could argue that they should have pursued the judicial route outlined by @EndlessLight to get an EHCP rather than choosing the private option.

I’m going to put my money towards legal challenges to be honest as I’d like to see Reeves lose her job over this and not just quietly drop the policy. I’d also like to see the next Government introduce a means tested tax on state school parents to pay partially or the full amount of £7k towards their children’s education as private school parents do.

And if there are legal challenges to be made against local authorities, and that is, as the OP argues, expensive, then I would propose that that would be a better use of everyone's £50.

Because that would benefit all the SEND children, rather than all the children (SEND and not) in private education.

Just an idea.

It is interesting @Mrsbabbecho - I have also always wondered if a state can impose a mandatory national curriculum on all.

what were you saying about stupid and spiteful?

There would still be a period of time between submitting the EHCNA request and a finalised EHCP, though. JR would only be possible if/when the LA act unlawfully e.g. when they breach the statutory timescales or failure to provide s19 provision. It wouldn’t skip the whole process.

'I’d also like to see the next Government introduce a means tested tax on state school parents to pay partially or the full amount of £7k towards their children’s education as private school parents do.'

hahahahahahahhahahahahhhhahahahahaha. Oh that did make me laugh. thanks for that.

Hand on heart, I don't know anything about this process other than what I have learnt from you.

5.8% of children with SEND attend private school.

I'm simply pointing out that if there is crowdfunding on behalf of those children to be done, it could be put to better use than private school fees.

But I think a lot of people donating to the campaign are doing it for their own financial self-interest rather than genuine concern for the 1.7million children (or even the 100,000) children with SEND.

The reason Starmer will fail politically with this is exactly the same reason as the winter fuel allowance. They have set the bar far too high for those that can still benefit. EHCP funded by a Council for a particular private school sets the bar far too high. A kid who school refused and self harmed and was on the verge of suicide due to bullying etc in a state school, but is now fine & coping in a private school self-funded by the parents, should definitely not be penalised with VAT. It is basic common sense.

Why should that child be penalised with an arbitrary above-inflation rise in fees?

Maybe, given everyone is so concerned with not disrupting children's education, there should also be a ban on private schools increasing children's fees above inflation during their school career.

It is basic common sense.

Because the fee rises are to mainly provide more staff and the smaller classes certain children need. 80% of private school costs go on staffing fees and often a kid with eg ADHD needs regular exercise too. It would be great if the state did staff schools adequately. Class sizes in the UK are too big for a highly developed country.

Oh yes.

Costs go up, fees go up. Common sense.

Of course, that’s why I’ve donated but I wouldn’t describe it as financial self interest but rather stopping a very harmful policy. It’s being promoted by the education not taxation group after all.

Lol, the tag line would be something like ‘Pay for your own f**king kids’.

You’d have donated if your child was at state school??
or not?
I don’t remember the hue and cry from private parents, the fundraising, the writing to MPs over the scandal of unsafe concrete used in state schools.

Probably would actually, I think education tax is incredibly backward anyway plus my parents live in a semi rural area where the whole town economy is pretty much reliant on a large private school. I was even allowed to use the pool and sports facilities growing up,

Is that nervous laughter at the thought that some wealthy parents might have to put their hand in their pocket too?!