TES quotes Jamie Cartwright on the legal challenge in the High Court against the government's imposition of VAT on private school fees

Today marks the beginning of a significant legal challenge against the UK government's decision to impose VAT on independent school fees, with the High Court set to hear arguments from seven families supported by the Independent Schools Council.

They contend that the policy violates the Human Rights Act and the European Convention on Human Rights (ECHR), arguing it restricts access to necessary education, particularly for children with special educational needs and disabilities and those seeking schools aligned with philosophical or religious beliefs.

Jamie Cartwright, Disputes Partner, speaks to TES and says that while declarations of incompatibility with human rights might carry political and moral weight, successful challenges are rare. 

The challenge facing the claimants will be to persuade the court that the imposition of further cost is effectively preventative of the right to education, where the counter argument will run that there are state-funded alternatives.

Should the case succeed, it could progress to the ECHR, though changes to UK policy are not guaranteed.