The recent ruling by the high court in the UK has dismissed multiple legal challenges against the addition of VAT to private school fees, citing Brexit freedoms as a key factor. The judges stated that this move, which adds 20% to private school fees, would not have been possible under EU law, highlighting the increased policy freedom post-Brexit.

This decision to implement VAT on school fees was part of the Labour party's manifesto commitment during the 2024 general election and was put into effect in January. The government plans to utilize the revenue generated to hire an additional 6,500 teachers for state schools.

Despite facing claims from parents and schools, including those related to religious freedom, parental choice, and special educational needs, the written ruling by the judges rejected these arguments. They emphasized the importance of balancing the interests of those affected by the policy against the benefits of public provision funded by the VAT revenue.

While acknowledging that the legislation did impact some claimants' human rights, the court affirmed the government's discretion in making decisions to benefit a broader population. The judgment also clarified that the European convention on human rights does not guarantee access to private schools or require the state to facilitate such access.

Robert Lewis from Mishcon de Reya law firm anticipated this outcome, noting the legal challenges faced by the claims. He highlighted that the judgment offered a positive aspect for independent schools, suggesting that an outright ban on these schools would likely breach human rights obligations.

Julie Robinson, the chief executive of the Independent Schools Council (ISC), expressed their concern over the tax on education and stated that they would continue working to address the impact on both independent and state schools. The Christian Legal Centre announced its support for claimants appealing against the tax, citing discrimination against their right to maintain a private Christian education.