Breaking News - HIGH COURT REJECTS VAT LEGAL CHALLENGE

Independent school families have lost their High Court challenge against the government over its VAT on fees policy. In a single written judgment issued today, the three judges presiding over the case said they "dismiss the claims". Dame Victoria Sharp, Lord Justice Newey and Mr Justice Chamberlain said the VAT policy was "proportionate" in its aim to raise extra funds for state schools. The Independent Schools Council (ISC) engaged the leading human rights barrister Lord Pannick KC to spearhead its legal challenge, which also involved parent groups seeking a "declaration of incompatibility" under human rights laws. Had the challenge been successful, the claim would not have overturned the VAT policy in itself, but could have forced ministers to reconsider the policy or to issue exemptions. Commenting on the judgment, Julie Robinson, the ISC's chief executive, said: "This is an unprecedented tax on education and it was right that its compatibility with human rights law was tested. It showcased how vital independent schools are for many families and the broad, diverse community choosing what they feel is the right education for their child." 

The 94-page judgment says the government was well aware that some families would no longer be able to afford independent school fees – including those with children with SEND and those attending faith schools – but that it was "entitled to consider these factors to be outweighed by the expected revenue raised for public services". 

Tony Perry, one of the parents behind the EDUCATION NOT TAXATION campaign said, “the High Court has ruled that the right to tax prevails over the effects that tax has on others – including children in independent schools.  It is not the outcome we wanted to see, but the fight goes on”.

The parents involved in the legal action, and raising funds via CrowdJustice, commented that despite the ultimate ruling, “the judges did conclude that the VAT Legislation does indeed breach our children’s human rights in that it is discriminatory; it impacts SEND children the hardest; and children forced to move schools from the independent schools to the state schools are likely to experience harm”.

AFIS Founder, Michelle Daniells said, “The VAT issue was the final straw that compelled us  to create the first national association for families of independent schools.  It was apparent over the past 18 months that a national, collaborative platform was essential, to give families a voice and to bring truth and balance to the discussion.  Today’s ruling is such a blow to all supporters of independent education in the UK.  So many people invested huge amounts of time and effort into this important court case and the Independent Schools Council worked hard to bring its legal challenge.  I am full of admiration for those behind the Education not Taxation campaign and the SEND parents who bravely took on the government, on behalf of so many families and children who have been negatively  impacted by the VAT on school fees”.

AFIS™ unites supporters of private schooling (parents, relatives, alumni, schools, school staff and Governors) to ensure their collective voice is heard in the national education conversation.

Michelle continues, “The debate around private schools has become more divisive and destructive.  We decided to do something productive to help families, children and schools.  AFIS exists to champion and celebrate independent education in the U.K.

We are funding and commissioning independent, robust research to contribute to a more balanced national debate about independent education.  The research will provide a clearer picture of the demographics of independent schools’ families and the societal and economic contributions they and their schools make. 

We also reward member families with special offers and perks from our commercial partners – because paying school fees can be a struggle, and we want to make it just a little easier by saving them money on other things.  With the strength in our numbers and attractiveness of the AFIS™ audience to consumer brands, we are able to partner with fantastic companies.” 

Schools can join AFIS™ free of charge and receive donations once families in their school community sign up.  They are encouraged to allocate some or all of these funds to provide more means-tested fee assistance through bursaries.

AFIS™ is not a lobbying or campaign group, receives no funding from political groups and is aligned to no political party.

Michelle Daniells, Founder and Managing Director

The Association of Families for Independent Schools™ (AFIS™)*  

michelle@afis.org.uk      +44 (0)7949 153319       www.afis.org.uk 

 

 *The Association for Families of Independent Schools™ and AFIS™ are trading names of AFIS U.K. Ltd, incorporated in England and Wales, company number 12635667