Summary:

The High Court of England and Wales has agreed to fast-track an appeal by six parents challenging the UK government’s introduction of a 20% VAT on private school fees. The legal action, supported by the Independent Schools Council (ISC), claims the tax violates human rights.

• Key Arguments:

  • Parents’ Position: Represented by Lord David Pannick KC, the claimants argued that the VAT policy, implemented on 1 January 2025, has already impacted families, and clarity is urgently needed.
  • Government’s Position: The government opposed the expedited hearing, requesting more time to prepare evidence. However, the High Court rejected this, citing the urgency of the issue.

• Court’s Decision:

  • Mr Justice Chamberlain approved the case to be heard on a “rolled-up” basis, combining permission and substantive arguments into one hearing, to resolve the matter quickly.
  • The case will also be joined with a related challenge by Education Not Discrimination, represented by Sinclairslaw.

• Reactions:

  • Julie Robinson, ISC CEO, described the VAT as an “unprecedented tax on education” and welcomed the High Court’s decision to expedite the case.
  • Sophie Kemp, the claimants’ legal advisor, highlighted that the combined hearing approach would help achieve an early resolution.

• Next Steps:

  • The case, directed against Chancellor Rachel Reeves as head of the Treasury, is awaiting a hearing date.

This legal challenge highlights tensions between independent schools and the government over the financial and social implications of taxing private education.