Christian schools seek judicial review over Labour VAT policy

Independent Christian schools, parents and students are pursuing a judicial review to challenge the Labour government’s plans to impose VAT on private school fees.

They argue that the policy, which comes into effect on January 1, discriminates against Christian parents and can end in the closure of Christian schools.

Supported by the Christian Legal Centre (CLC), additionally they say that the policy violates their parental rights to teach their children in accordance with their religious beliefs.

Among the faculties taking motion are Emmanuel School in Derby, the Branch Christian School in Yorkshire, and the King’s School in Hampshire.

They want the courts to declare the policy illegal and order the federal government to amend or withdraw it completely. 

Caroline Santer, headteacher on the King’s School in Hampshire, called the proposals “short-sighted” and said that the federal government “doesn’t appear to understand, or care, in regards to the impact they are going to have on the UK’s education system”.

“The VAT increase affects families who should not from affluent backgrounds but need to send their children to a Christian school. Following the draft laws, a variety of families have been forced to take out loans,” she said. 

“The school will even feel the effect of the VAT increase as we are going to lose 80 per cent relief on business rates. The policy will even have a major impact on teachers’ wages and on the power of independent schools to take care of their buildings.”

Ben Snowdon, headteacher at Emmanuel School in Derby, said that the results of the policy could possibly be “devastating” for Christian and other independent schools, and that it will mean an end to diversity and selection in education for lower income families. 

“It is very concerning to oldsters who should not from affluent backgrounds and who’ve children with special education needs,” he said. 

“Emmanuel is an incredibly diverse community with lots of our families making huge financial sacrifices to send their children due to our Christian ethos and since of our status inside their communities.

“A major proportion of the kids in our college are from lower-income families who simply cannot afford additional school fees.

“These families have chosen low-cost private education at immense personal sacrifice with the intention to access Christian education which is just not available to them in state schools or because their children have SEN (special educational needs).

“If these children are forced to go away the college or the college becomes financially unviable and fails, the federal government could have to bear 100 per cent of the price of their education, which the federal government currently receives totally free.”

Christian parent Stephen White said it was unlikely that he could afford to maintain his children in an independent Christian school after the VAT changes come into effect, and that he’s now having to think about homeschooling. 

“We imagine that is incorrect and discriminatory and should be challenged,” he said. 

CLC chief executive Andrea Williams said: “VAT will make independent faith education unaffordable for a lot of families and will force some small faith schools to shut.

“Around 370,000 pupils attend independent faith schools in England alone, nearly all of that are Christian schools. Fees at these schools are typically below the independent school average and sometimes below the state per-pupil funding levels.

“It is unfair, and we argue, it’s a breach of their human right to impose VAT on such schools. Labour must row back on this policy urgently. If they do not, we could have no selection but to pursue every legal avenue within the pursuit of justice and protection of independent Christian schools on this country.”

The policy is on account of come into effect nationwide as VAT is just not devolved. Several schools across the UK have already closed, citing the brand new VAT policy as an element. They include Scotland’s only Catholic boarding school, Kilgraston in Perthshire, and Cedars Christian school in Greenock, west Scotland. St Joseph’s Preparatory School in Stoke-on-Trent is to shut in December.

During a debate within the Commons this week, Damian Hinds raised a matter in regards to the fate of kids at religious schools where there isn’t a faith school provision within the state sector. 

Responding on behalf of the federal government, Stephen Morgan said, “Those schools meet the needs of dedicated faith communities, often at low price. I do know that Treasury colleagues have met representatives from those schools to make sure fairness.” 

Speaking within the Lords last month, the Bishop of Southwark, Christopher Chessun, said he was “deeply concerned” in regards to the impact of the plans being enacted “at such short notice”, and raised concerns about how cathedral and choir schools could be affected. 

“Many of those are small schools, and subsequently the impact will likely be disproportionately severe,” he said. 

“I’m a grammar school boy and I couldn’t sing the ‘Eton Boating Song’ when you paid me, yet I’m deeply concerned in regards to the hostile and unintended consequences which this manifesto commitment could have unless it’s applied with much greater sensitivity — and possibly also phased in — affecting, as this does, the big variety of personal school provision, about which we’ve got heard and which is committed to public profit.” 

Speaking in the identical debate, Catholic crossbench peer Lord Alton said that the plans will disproportionately affect middle-income families and will contravene the European Convention on Human Rights.

“These are the families, lots of whom have made great sacrifices for his or her kid’s education, who will suffer, not those with ultra deep pockets,” he said.

“Top of our concerns ought to be the impact on children. It clearly is not. This taxation is unjust, unfair, could also be in breach of the ECHR and can likely worsen educational inequalities.

“The government should dwell a pause and re-evaluate.”