Private schools lose Court of Appeal challenge over VAT changes

A recent legal dispute involving several private schools challenging the government’s removal of the VAT exemption on school fees has been resolved, with the Court of Appeal dismissing their case. The affected schools, particularly low-paying faith institutions, had argued that the policy change was discriminatory and violated human rights statutes. However, the court rejected these claims, noting that families who are dissatisfied with state-provided education retain the option to homeschool their children.

This controversial policy began on January 1, 2025, and the government anticipates that it will generate approximately £1.8 billion annually by the 2029/30 financial year. The funds raised are intended to support the recruitment of additional teachers within England’s state school system. Previously, several claims were filed against the government in the High Court by families including children with special educational needs and disabilities (SEND), pupils at same-sex schools, and those attending low-fee faith schools.

Although the courts recognized the negative effects this policy might have on specific groups — notably children with SEND and those attending faith-based schools — it was ultimately determined that the benefits, particularly the financial support for state schools, outweighed these concerns. Following the initial ruling, the group representing low-paying faith schools and their families sought to appeal the decision, but their challenge was dismissed at the Court of Appeal.

In their judgment, Sir Geoffrey Vos, Lord Justice Singh, and Lady Justice Falk acknowledged the significant impact this measure could have on families unable to afford private education that aligns with their religious beliefs. Nonetheless, they emphasized that families maintain the alternative of homeschooling if state education does not meet their needs. Government representatives reinforced this position by asserting that parents have the freedom to either enroll their children in private schools or choose home education. Despite the setback in court, advocates like Caroline Santer, a head teacher at a small Hampshire private school, and Andrea Williams from the Christian Legal Centre expressed determination to continue pursuing legal remedies, highlighting that home education is not a feasible option for every family

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