CHILDREN with special education needs face being “exposed to insurmountable stress and mental illness” because of Labour’s tax on private schools, the High Court is set to here.
Three mothers whose children have such needs are taking the government to court over the imposition of VAT on private schools.
Their lawyers have described the tax as a “callous, bone-headed and ultimately harmful decision” that will hit “thousands of vulnerable children across the country”.
The tax, which Labour promised in its manifesto, came into force this month, adding 20 per cent to the cost of private schooling.
It has proved controversial, with Tory leader Kemi Badenoch branding it the “politics of envy”.
And experts have warned that children with special education needs could be hardest hit. As many as one in five pupils at independent schools have such needs, according to the Lords’ Library.
Now three parents, all of whom are single mothers, are launching a judicial review against the policy. Their lawyer says that the tax discriminates against children with special education needs as well as against single mothers.
James Gardner, senior consultant solicitor at Sinclairs law, acting for the claimants, said the tax was “ideological politics at its worst”.
He said: “The Government has gone ahead with a tax that is hitting thousands of vulnerable families across the country. The state education system will be much worse for these children with special educational needs (SEN). It is a broken system. Even the government is on record acknowledging SEN provision is in crisis and the number of school-age children with special educational needs is rising sharply every year.
“And single mothers coping with lower earnings and rising costs – whose ability to work and earn more is often hampered by their sole parenting responsibilities – will be hit much harder by the VAT.
“Forcing thousands of parents to move their children to state schools which already can’t cope is a callous, bone-headed and ultimately harmful decision.
“Pretending that it is being done in order to raise tax revenues for schools is deceitful – the numbers don’t stack up, and any money raised isn’t ring-fenced for education anyway. This is ideological politics at its worst, and vulnerable parents and their children are the victims. Our parent-led challenge seeks justice for these families.”
Dr Richard Soppitt, consultant child and adolescent psychiatrist said: “As an expert in the field of mental health and SEN, I have serious reservations about the impact of the Government’s proposals to implement VAT on private education from January 2025. I fear this will disproportionately impact very vulnerable children with SEN who need more time and proper transitional planning and support to ensure their needs are adequately met in any alternative provision.
He added: “The unintended consequences of this VAT imposition will be for more children to be exposed to insurmountable stress and mental illness as well as very complex children entering the current mainstream education sector without proper adjustments; this, in turn, will impact the education and wellbeing of other children and teachers trying to support them.”
The lodging of the claim this week follows a separate legal challenge from the Independent Schools Council (ISC), lodged on 20 December 2024.
A Government spokesperson said: “Ending tax breaks on private schools will help raise additional funds to break down barriers to opportunity and support the 94 percent of pupils who attend state schools to achieve and thrive – including those with SEND.
“We have been clear that the students who may switch schools as a result of these changes represent less than 0.1 percent of pupils, and we are confident they state sector will be able to accommodate them.”