The King’s School, along with several independent schools, parents, and pupils, including those from faith schools and those with special educational needs, challenged a new policy on VAT exemption.
They argued that the policy was discriminatory and violated human rights law, particularly for children who require a single-sex environment due to past abuse.
The Challenge Against the Policy
The case was brought before the High Court, where it was argued that some children attend private schools because they need a safe, single-sex environment.
One of the pupils involved in the case had previously faced bullying at her local state school, which made her and her parents seek a different educational setting.
This concern was cited as an example of how the policy might disproportionately affect vulnerable children.
However, the Treasury defended the new policy, which came into effect on January 1. The policy, supported by HM Revenue and Customs (HMRC) and the Department for Education, removes the VAT exemption on private education, making it more expensive for families who send their children to independent schools.
The Court’s Decision
The High Court judges, Dame Victoria Sharp, Lord Justice Newey, and Mr. Justice Chamberlain, dismissed the challenges to the policy and issued a 94-page ruling.
They acknowledged that the policy does interfere with certain human rights but argued that the government has a wide margin of discretion in determining how to balance the interests of those negatively affected by the policy with the benefits to others.
The revenue generated from the policy is expected to raise between £1.5 billion and £1.7 billion annually, which the government views as crucial for funding public services.
Concerns Over Single-Sex Education and Abuse
The judges also addressed concerns raised about the need for some children to be educated in a single-sex environment due to previous abuse.
They acknowledged that sexual harassment of girls in schools is a significant issue but stated that there was insufficient evidence to suggest that there is a large group of girls who could only be safely educated in a single-sex setting.
The ruling emphasized that the European Convention on Human Rights does not guarantee the right to private education or require the state to subsidize it, even for religious or personal reasons.
A Disappointing Outcome for The King’s School
Caroline Santer, the headteacher of The King’s School, expressed disappointment over the ruling.
She stated that after more than two months of waiting for the decision, the judgment was a “huge disappointment” but assured that the school would continue to challenge the legality of the policy.
Despite the setback, The King’s School remains committed to fighting for the rights of its pupils and the educational needs of children in similar circumstances.
