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Charging VAT on private school fees breaches human rights, court told

April 02, 2025

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The Guardian

Adding VAT to private schools' fees discriminates against children with conditions such as autism whose needs cannot be adequately met by state schools, the high court has been told.

- Richard Adams

The legal action against Labour's policy is being taken by parents claiming that VAT on school fees is a breach of their human rights and discriminatory on grounds including religion, nationality, disability and mental health.

Jeremy Hyam KC, representing two children with special educational needs (SEN) in private schools, said that higher fees would force 35,000 children with SEN into the state sector where provision was "in crisis".

"Those children displaced with SEN will be going into a system which either will not meet, or is highly unlikely to meet, their needs, as compared to the needs of those without SEN in the same situation," Hyam said in a submission to the court.

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