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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
The judgment ALR and others -v- Chancellor of the Exchequer was handed down today where Kingsley Napley advised six claimant families supported by the Independent Schools Council (ISC) in the judicial review claim challenging the introduction of VAT on the provision of education by independent schools.
Sophie Kemp, Partner and Head of Public Law who led the Kingsley Napley team involved said:
This is a disappointing decision for the Claimants, who are carefully considering the court’s judgment. It was important to challenge VAT on school fees, which both the government and the court recognised had a discriminatory impact on children at religious schools as well as significant impact on children with SEN. The court felt that it was not able to interfere because of the leeway it must give to Parliament. Unfortunately, this doesn’t help the Claimants, who must now weigh their options."
Julie Robinson, CEO of the Independent Schools Council, said:
This is an unprecedented tax on education and it was right that its compatibility with human rights law was tested. We would like to thank the claimants who shared their stories on key issues: SEND, faith schools, bilingual provision and girls-only education. It showcased how vital independent schools are for many families and the broad, diverse community choosing what they feel is the right education for their child. The ISC is carefully considering the court's judgment and next steps. Our focus remains on supporting schools, families and children. We will continue to work to ensure the government is held to account over the negative impact this tax on education is having across independent and state schools."
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