Private schools lose High Court challenge over VAT changes

Three high court judges have rejected a legal challenge over the government’s policy of adding VAT to private school fees.

Lawyers representing families and private schools at the High Court judicial review hearings had argued that the policy was discriminatory and in breach of human rights law.

Julie Robinson, chief executive of the Independent Schools Council, which represented some of the families, said it was carefully considering the court’s judgment and next steps.

The government defended the policy in court, saying it would raise £1.8bn a year by 2029/30 which it would spend on raising standards in the state sector.

VAT on private school fees was introduced on 1 January across the UK.

Three separate claims were brought against the government from families with children with special educational needs and disabilities (Send), those attending same sex schools, and low-paying faith schools.

Dame Victoria Sharp, Lord Justice Newey and Mr Justice Chamberlain found that the policy was “made by Parliament, in primary legislation, after full debate and was a manifesto commitment”.

Their judgment says that the government was well aware that some families would no longer be able to afford private school fees – including for those with children with Send, those with religious convictions or those who prefer single-sex education – but that it was “entitled to consider these factors to be outweighed by the expected revenue raised for public services”.

The families who were supported by the Christian Legal Centre say they plan to appeal the judgment.