Legal Case- VAT hike at private school but no EHCP

[Yikeswhathappened]

A legal test case is being brought by a mum, Alex Quinn, regarding families paying for private schools when state education is not funded sufficiently to meet their DC’s SEND needs. Her aim is to get government to scrap the whole 20% VAT increase project.

Families are currently not going to be exempt from 20% VAT unless the child has an EHCP. Current research suggests there are 7,000 pupils with EHCP in UK private schools and about 100,000 pupils with SEND and no EHCP.

As many on here will know, EHCPs are being financially rationed by LAs under the government’s ‘safety valve’ debt deal and the burden of local authority debts, which are not the fault of SEND DC- and huge levels of unmet pupil need- decades of underdiagnosis especially of girls with autism and a vast amount of government underfunding creating more unmet SEND need pressure in schools.

it is a last resort that families pay privately and most families with SEND kids can’t financially do this. But those that can, are not freely ‘choosing’ to educate privately.
They’ve already paid for state school with their taxes like everyone else, but state schools aren’t meeting their kids SEND needs for smaller class sizes, for example.
After the VAT comes payable in January many SEND kids will have to leave their fee paying schools, as the VAT increase will be too much for these parents to absorb. The claimant in the case is arguing this is discriminatory.

Media coverage is paywalled on Times and Daily Telegraph. Alex Quiinn has a crowdfunder but I don’t think MN allows me to post a link to that. Daily Mail link:

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

Current research suggests there are 7,000 pupils with EHCP in UK private schools

I don’t know what research you are talking about but this isn’t the case. Official statistics show more than 25,000 DC with EHCPs are in independent special schools without beginning to look at mainstream.

Quoting from the Daily Mail article linked to:
‘Research by the Independent Schools Council has found that just 7,600 special needs pupils at private schools currently have an EHCP, while 103,000 do not.’

If you have a source for your statistics I would be really interested to see those- quite a discrepancy

The statistics I mention are from the government’s reporting on EHCPs. You can see them here. You have to alter the search parameters to only look at independent placements and to look at the number rather than percentage. For some reason it won’t let me link to it already changed, it changes back. I suspect the Independent Schools Council is only looking at independent MS which is quite poor of them because there are parents self funding placements in independent SS.

Independent special schools are not the same as independent schools - this is why the figures are different.

Thank you for explaining that.

Independent special schools are still independent schools though. Some are section 41 independents but many are not and are wholly independent just like mainstream independent schools. Legally, for EHCP purposes, independent MS and wholly independent SS are treated the same - see this IPSEA page.

My DS goes to an independent school as his needs cannot be met by state school. After spending thousands and hours of filling in the information for LA, he has been approved for EHCP but they are not putting that school on his plan. So regardless I am left with fees and VAT which I need to pay. Having EHCP plan is not enough. I understand Alex Quinn concern as I am in the same boat. The government has been ridiculous and unreasonable. They are putting unnecessary financial stress on the parents.

@IARN you can appeal.

That’s good about appeal failure to name a school. If DC is settled at the school that will almost always be in their best interests to stay there. Is that enough to win the argument? On what grounds, to challenge?

If DC is already at the fee paying school with extra VAT the family may not be be able to continue to afford it and might have to remove the DC, which could be very bad for the child’s needs? So challenge on potential disruption.

Or do you parents need to prove unique characteristics of the school - something important that other schools can’t offer like its location or facilities or staffing?

Lots of parents if they are lucky enough to be able to afford private for SEN DC after state failure , won’t also be able to spend £££££ on professional reports naming the current school. Because that money could be needed for household living or spent on an extra term in school for their DC or on a therapy that the DC needs. I feel like my council don’t listen to parents only professional opinion seems to count that is really costly on top of paying school fees.

If parents need to appeal and can’t afford independent reports, there are charities who can help such as Parents in Need.

The LA must take into account the views of the parents and child. Although this doesn’t mean they must do as the parents and child wish at all times. In order for a wholly independent school to be named in an EHCP parents need an offer of a place (they can’t be named against their will), to show the school is appropriate, and that the LA’s proposed school(s) cannot meet DC’s needs &/or it isn’t unreasonable public expenditure.

It is irrelevant what/who your LA listens to. They aren’t the ones making the decisions in an appeal. SENDIST will consider all evidence.

We’re in this situation- private schools for some of primary as 2 kids with sen weren’t thriving in state. My older one is just finishing GCSEs in private and has done well. We’d like the younger one to have the option of independent, but (even with grandparents paying the bulk of the fees) the VAT pushes it beyond affordable.

I’m interested in the test case but not sure of its chances of success. Have you written to provide your input on the consultation, deadline 23.59 TODAY 15 September 2024? I urge all families with SEN children who this will impact to write to provide their views.

https://www.gov.uk/government/publications/vat-on-private-school-fees-removing-the-charitable-rates-relief-for-private-schools

Email address for response is towards the end of the document.

Alexis still needs more funds to fight this legal case. Pledge at Crowdjustice. I just have!