Christian Schools to Appeal High Court Loss Over VAT Charges on Fees

Christian Schools to Appeal High Court Ruling on VAT Charges

In a recent High Court decision, Christian private schools were unsuccessful in their legal challenge against the imposition of a 20% VAT on independent school fees. The schools argued that this additional financial burden was both discriminatory and a violation of human rights. The Christian Legal Centre (CLC) defended the schools, emphasizing the financial strain on Christian schools and families unable to afford the increased costs.

The case, brought forward by Christian parents and several independent schools, was dismissed by three High Court judges. They determined that tax policy falls under parliamentary jurisdiction, not judicial, and noted there is no legal requirement for the government to guarantee access to private education.

According to the 94-page judgment, the government can prioritize the anticipated revenue from the VAT for public services over the affordability concerns of some families. While acknowledging potential human rights interferences, the judges stated that there exists a “broad margin of discretion” in balancing the interests of affected families against public beneficiaries.

The challenge was spearheaded by Emmanuel School in Derby, the Branch Christian School in Yorkshire, the King’s School in Hampshire, and the Wyclif Independent Christian School in South Wales, along with their pupils and parents.

Government representatives, including Chancellor Rachel Reeves, HMRC, and the Department for Education, argued that private school families should contribute “their fair share”. In contrast, the plaintiffs contended that private school families already pay more taxes for public education compared to families utilizing public schools.

Caroline Santer, headteacher at The King’s School in Hampshire, expressed her dismay at the ruling, citing an unexpected exodus from independent education. She warned this could negate any anticipated financial benefits for public services: “Four times as many pupils as the government expected have left independent education,” she noted, adding that this policy has significantly impacted small independent Christian schools.

Ben Snowdon, Headteacher at Emmanuel School in Derby, voiced concerns about the policy’s impact on low-cost independent schools, especially for families with children requiring special education. “It is especially concerning to parents who are not from affluent backgrounds,” he said, emphasizing the potential hindrance to providing high-quality education.

Andrea Williams, CLC chief executive, criticized the government’s approach: “What has become clear in recent years, is that the government is pursuing a monopoly over education and what our children will learn.” She highlighted challenges faced by private faith schools, including the introduction of radical RSE (relationships and sex education) and mounting tax pressures.