School Fees: A Courtroom Drama?

In case you missed it, the Independent Schools Council (ISC), representing over 1,400 private schools, has launched a legal challenge to Labour. They are arguing that the inclusion of 20% VAT to school fees is discriminatory and could lead to school closures and a shift of students to state schools. Last week The High Court took the decision to fast-track this legal challenge, citing the need for expediency.

Interestingly, the ISC’s case has been combined with a separate challenge from Education Not Discrimination. This group, representing six families, argues that the VAT policy undermines the human rights of children, including those with special educational needs and disabilities (SEND).

The case studies presented by these families are compelling and represent the broad objections we’ve heard from parents and schools alike since the change was announced. They include a vulnerable girl in a single-sex school, minority faith families, and foreign nationals in bilingual schools. These groups argue that the VAT policy disproportionately affects them and limits their educational choices.

Perhaps we shouldn’t be surprised by another headline surrounding school fees. Since its announcement, the change has caused shockwaves through the independent sector. Fuelled not only by the financial implications for the sector’s schools, but also the uncertainty and questions surrounding the finer legislative detail.

The high court’s decision to fast-track the ISC’s case suggests that there might be one more twist in the story for private schools. So, as ever, the Haslers team and I will be watching very closely and working with our clients to provide clarity and guidance wherever possible.

Laura Ambrose
Partner, Business Services Group & Education Team Lead


The Haslers Education team supports clients from across the independent and academies sectors. Together, we are a team of Chartered Accountants, business advisors, VAT and corporate tax specialists.

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