Christian parents and students outside the High Court. (Photo: Christian Legal Center)
A coalition of Christian schools, parents and students has been given permission to appeal against the UK government’s policy to apply value added tax to private school tuition fees.
The government introduced the value-added tax measure as part of wider tax reforms, claiming it would raise revenue to fund state education.
The policy has been challenged by several independent Christian schools, including Emmanuel School in Derby, Branch Christian School in Yorkshire, King’s School in Hampshire and Wycliffe Independent Christian School in South Wales.
With support from the Christian Legal Center (CLC), they argue that the policy unlawfully discriminates against families seeking faith-based education, especially in low-income areas where such schools often operate.
They say the addition of VAT has already forced some independent schools to close and pushed others to the brink.
The Coalition’s legal challenge was rejected in June when the High Court ruled that taxation issues were within Parliament’s discretion, despite recognizing the impact on low-income households.
However, Court of Appeal Judge Lewis has now ruled that the case raises compelling questions of public interest and should be heard.
Joining in the legal challenge is Stephen White, a father and bookseller from Bradford. He chose to live in one of the city’s most deprived areas because he could afford to send his four children to Bradford Christian School.
He called the policy “unjust and discriminatory” and said he was “very encouraged” by the news that he could proceed with the appeal.
“This denies us the right to raise our children according to our beliefs and forces them to choose between homeschooling and compromising their beliefs,” he said.
“Labour has painted a caricature of wealthy private schools, but that is not our reality.”
Opponents argue that the VAT would have a disproportionate impact on small, low-cost, independent schools for children with special educational needs. [SEND].
Caroline Santer, principal at King’s School in Hampshire, said: “This policy is already causing children to be expelled and schools to close. It has an unfair impact on military families, children with SEND and people with certain religious beliefs. We will continue to challenge this unjust law.”
Jill Holt, principal at Branch Christian School, said the extra fees are out of reach for many Christian parents, saying, “Most of our parents work full time and are unable to homeschool. They chose our school because it reflects their values.”
“VAT will increase tuition fees by nearly £800, an unbearable burden for many families. The government’s argument makes no sense. It will cost even more to educate these children in state schools.”
The Christian Law Center (CLC), which is supporting the Christians’ appeal, argues that the current policy could violate the European Convention on Human Rights, including the right to education and protection from discrimination.
CLC chief executive Andrea Williams said the policy was much more than just a tax, it affected parents’ freedom to educate their children “according to their faith and conscience”.
“Education has long been considered a public good, historically supported by philanthropy and never subject to direct taxation. This move marks a significant and worrying departure from that tradition,” she said.
“The existing policy is an absolute disaster, closing long-standing private Christian schools that probably don’t raise a penny for education and are a charity for nothing. Ideology. This policy needs to not only be reconsidered, but completely abolished before any more great schools are closed.
“This government policy is part of a broader trend towards governments gaining more control over what children learn, rather than radical RSE.” [Relationships and Sex Education] From primary schools to private faith schools and the burden on home educators, the message is clear: Diversity of thought and belief in education is under threat. ”
An appeals hearing is expected in the coming months.
