The High Court is to hear a claim that the government’s policy is a breach of human rights
March 28, 2025 11:59Two Orthodox Jewish families are taking part in a legal challenge to the government’s imposition of VAT on independent school fees which is due to begin at the High Court on Monday.
The new tax policy, which came into effect in January, could threaten the viability of some Jewish schools, Jewish educational organisations have warned.
Most Charedi children in the UK are educated in independent schools, which often depend heavily on donations as many parents cannot afford the fees.
The claim against the government, which is supported by the Independent Schools Counci (ISC), is being brought by seven families.
It will argue that the new policy breaches the right to education guaranteed by the the European Convention on Human Rights, especially when parents opt for a form of education that the state cannot provide – for example a single-sex school or one that offers a particular religious ethos.
Among those presenting the case will be one of the country’s leading barristers, Lord Pannick.
Parallel claims will also be heard on behalf of children with special needs and of a group from Christian evangelical families.
Julie Robinson, chief executive of the ISC said, “It is important that this unprecedented education tax’s compatibility with human rights law is tested.
“We are aware that, should part or all of the government’s policy regarding VAT on fees be found incompatible, it is up to the government how they wish to proceed. However, given their repeated statements of respect for the rule of law, we would hope they would take the court’s judgement seriously.”
The government is hoping to raise £1.8 billion to put towards state education by removing tax breaks from independent schools.
However, it suffered a political setback earlier this month when the House of Lords voted down plans to remove the discount on business rates paid by independent schools – although the government is expected to press ahead with the measure.
Conservative former education minister Baroness Barran told peers, “I do not believe that the longstanding tradition that education should be free from taxation should be broken.”