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VAT on fees policy to be challenged in the High Court today
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Independent sector
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The government's VAT on school fees policy faces a High Court challenge today, with human rights barrister Lord Pannick KC arguing that it "impedes access to education in independent schools" and is incompatible with the European Convention on Human Rights. The case, being heard in front of the President of the King’s Bench Division at the Royal Courts of Justice, is the first major challenge to the government’s social change agenda. The case is being heard on an expedited basis after Lord Pannick successfully argued that families need clarity as they are already being impacted by the policy. ISC chief executive Julie Robinson is quoted in the Daily Express, saying: "This is an unprecedented tax on education – it is right that its compatibility with human rights law is tested. We believe the diversity within independent schools has been ignored in the haste to implement this damaging policy, with families and, ultimately, children, bearing the brunt of the negative impacts this rushed decision is already having." The hearing is expected to last three days. By Giles Sheldrick. Stephen White, a bookseller who chose to live in one of the most deprived areas of Bradford so that he could send his four children to Bradford Christian School, is quoted on the legal challenge in Christian Today. He says: "As Christians, we believe that it is our duty as parents to raise our children in line with our beliefs. This policy denies us this right and choice and must be challenged." Neil Shaw also reports on the High Court case for Wales Online.
In an interview with Kate McCann and Stig Abell on this morning, Ms Robinson explained the reasons behind the ISC’s legal challenge. She said: "We’re looking for a declaration of incompatibility against human rights. We felt it was really important that this unprecedented tax had its compatibility with human rights legislation tested because the policy was rushed in and this hearing is going to allow time for the scrutiny that is so needed, given the thousands of children whose education is being affected already." Ms Robinson also explained that adding VAT to fees creates a barrier for families, especially those with children in special needs, faith, or bilingual schools. Expressing frustration over a lack of consultation over the policy, with "schools given just a few weeks to turn this around", Ms Robinson warned that the rushed tax plans will harm families and disrupt education without achieving meaningful results.
An article in Tes looks at what can be expected from this week's judicial review and what it could change should independent schools be successful in their challenge. It explains that should the case succeed in the High Court, it would then go to the Court of Appeals followed by the European Court of Human Rights, which oversees and interprets the ECHR. Questioned about the possibility of the case forcing a change in policy, a spokesperson for the ISC said it is "aware that, should part or all of the government’s policy regarding VAT on fees be found incompatible, it is up to the government how they wish to proceed". However, they added that it is important to "test the compatibility of this unprecedented tax with human rights law, given the speed with which it was implemented". The spokesperson said: "Given their repeated statements of respect for the rule of law, we would hope they would take the court’s judgement seriously." By Cerys Turner.
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Ministers stand firm in bid to end independent schools' charitable rate relief
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Political
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Ministers are pressing ahead with plans to remove independent schools' charitable rate relief, despite opposition from the House of Lords. The Non-Domestic Rating Bill aims to end charitable rate relief for around 40 per cent of all independent schools. Peers had pushed for an amendment allowing the policy to be reversed in the future, but MPs rejected it by 302 votes to 167 last night. By Claudia Savage and Richard Wheeler, Evening Standard.
During the debate, Liberal Democrat MP Vikki Slade called for "a much more fundamental review of business rates", saying: "We too do not agree with the taxation of education and we continue to support the Lords amendments to remove private schools from the legislation. The main reason that we feel that way is that we know that many parents of children who have additional needs choose the private sector because it is so difficult to get what they need in overcrowded schools that are falling apart at the seams. We therefore fundamentally disagree with the principle of taxing education." DUP MP Jim Shannon also outlined concerns regarding the impact on faith schools, warning: "The reason I persist in raising the issue is that I truly believe that some people of faith will be further disadvantaged when the bill goes through. I know that that is not the government's intention, but it will be the reality." The debate can be read in full at Hansard.
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SEND: 'Broken trajectories aren’t helpful for young people and families'
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SEND
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In an interview with iNews, parent Syreeta Brown shares her years-long struggle to secure independent school funding for her autistic daughter. Ms Brown eventually won the funding through an education, health and care plan (EHCP) after a lengthy battle with the council, and describes the process as "exhausting" since she had to "fight every step of the way". The article also explores the growing number of children diagnosed with special educational needs (SEND) in Britain and how the shortage of suitable state school places is disrupting their education. By Hannah Fearn.
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A closer look at selective entrance exams
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Examinations
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Writing in Tes, founder and chairman of GEMS Education Sunny Varkey argues that independent schools should end the practice of entrance exams to help the sector "evolve into a more dynamic and inclusive space". He writes: "Now is the time to reassess whether exams like the Common Entrance, first introduced in 1904, are still appropriate for equipping young people with the creativity, critical thinking and values needed to succeed in a world shaped by the Fourth Industrial Revolution."
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Opening UK independent schools abroad: Where to start?
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International education
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In an article for Independent School Management Plus, education lawyer Dr Mark Abell looks at the options for independent schools looking to expand overseas. Dr Abell outlines some of the tax, legal and regulatory frameworks that schools need to consider, before concluding: "Whether through traditional partnerships or alternative models, success hinges on thorough planning, due diligence, and ongoing oversight to maintain the institution’s reputation and educational excellence on the international stage." Dr Abell has advised on a wide range of school expansions in Africa, the latest being Hereford Cathedral School’s entry into Rwanda.
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The Independent Schools Council (ISC) monitors the national and educational press in order to keep independent schools up-to-date with relevant education news. The DNS is a service primarily for schools in membership of ISC associations, although other interested parties can choose to sign-up. We endeavour to include relevant news and commentary and, wherever possible, notable public letters. Where capacity allows, we may include links to ISC blogs, press statements and information about school or association events. News stories are selected based on their relevance to the independent sector as a whole. Editorial control of the DNS remains solely with the ISC.
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Members can contact the ISC if they know in advance of news, letters or opinions that are likely to feature in the media, or are aware of existing coverage which they would like to see featured in the DNS.
Headlines and first-line summaries are written by the ISC with the link directing to the source material. You should read and comply with the terms and conditions of the websites to which we link.
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