A major legal challenge is now underway—one that could have a huge impact on families of children with Special Educational Needs and Disabilities (SEND) who rely on independent schools.
What’s happening?
The government plans to introduce VAT on private school fees, as part of a wider effort to raise funds and support state education. But families of disabled children are fighting back, arguing that this policy is not just unfair—it’s discriminatory.
The case, currently at the High Court, argues that applying VAT to private school fees will force many SEND children out of specialist schools and into mainstream settings that simply can’t meet their needs. For many of these children, private education isn’t a luxury—it’s a lifeline.
Why does it matter?
Families aren’t choosing private schools for prestige—they’re choosing them because the local authority has failed to meet their child’s needs in a mainstream setting.
These schools often offer:
- Smaller class sizes
- Staff trained in neurodiversity and PDA
- Therapies on-site
- Flexible, sensory-friendly learning environments
All things that can be essential for a child’s wellbeing, regulation, and academic success.
What are parents saying?
Parents involved in the case have said that taxing these fees is effectively punishing them for having children with disabilities. Some families fear they’ll be forced to withdraw their children from environments where they are finally thriving—back into systems that previously left them traumatised or out of education altogether.
What happens next?
The outcome of this case could set a major precedent. If successful, it may push the government to reconsider VAT exemptions for SEND-specific placements—especially in cases where a private setting is named in a child’s EHCP.
But for now, the fight is ongoing—and families are watching closely.
💬 What do you think? Should private school fees for children with EHCPs be exempt from VAT? Let us know your thoughts.
🧭 For more support with SEND rights, EHCPs, and understanding how policy changes could affect your family, come by and see us at AskEllie.co.uk. We’re here to help.
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