A Labour MP has accused families impacted by the private school tax raid of ‘crying to the courts’ after they lost a bid to stop the VAT on fees.
Families were dealt a devastating blow after they lost a High Court challenge to the taxes on fees.
The judicial review claim, heard earlier this year, aimed to have the 20 per cent tax declared ‘incompatible’ with human rights law.
However, in a decision handed down on Friday, judges rejected all claims, despite agreeing with some of the arguments.
Jonathan Hinder, the MP for Pendle and Clitheroe, criticised the families, saying taking the case to High Court was ‘crazy’.
He said in a post on X: ‘A tax commitment included in an election-winning manifesto, duly delivered. That’s democracy. Campaign to reverse it if you like. Fine.
‘But this habit of going crying to the courts all the time is silly. Obviously the right decision, but crazy that it got to the High Court.’
The controversial tax, pledged in Labour’s manifesto, came into force in January this year.
Jonathan Hinder, the Labour MP for Pendle and Clitheroe, criticised the families who challenged the tax raid on private schools, saying taking the case to High Court was ‘crazy’
Private school families have been dealt a devastating blow after they lost a High Court challenge to Labour ’s VAT on fees (pictured: children protesting against the policy last month)
The MP has accused families impacted by the private school tax raid of ‘crying to the courts’ after they lost a bid to stop the VAT on fees
Three groups of families – most of whom are anonymous – joined private schools in bringing a legal challenge against the policy.
Their lawyers argued the tax is a breach of children’s right to an education under the European Convention on Human Rights (ECHR).
The various families also said it was ‘discriminatory’ – either because their child has special educational needs (SEN), has a preference for a religious education, or because they need an all-girls environment.
But Dame Victoria Sharp, Lord Justice Newey and Mr Justice Chamberlain concluded the VAT policy was ‘proportionate’ in its aim to raise extra revenue for state schools.
They added Parliament ultimately had the right make the decision.
A spokesman for the lobby group Education not Taxation told The Telegraph: ‘The court’s ruling that the taxation of independent schooling is discriminatory and will have a disproportionate, prejudicial effect on children with SEN clearly demonstrates that any ‘crying to the courts’ was entirely justified.
‘While it is disappointing that the court ruled the action is not illegal, it nevertheless makes a powerful statement: the policy is discriminatory.’
Julie Robinson, the chief executive of the Independent Schools Council (ISC), said that schools were ‘right’ to have escalated the challenge to the High Court.
She said: ‘Thousands of families have already been negatively affected by the policy, with more than 11,000 children leaving independent education since last year – far more than had been anticipated by the government.’
The judicial review claim, heard earlier this year, aimed to have the 20 per cent tax overturned – benefitting half a million pupils nationwide (pictured: pupils protesting earlier this year)
At the opening of the court case in April, families of children with SEN from all over the country protested outside.
They said they have been forced to choose the private sector due to the state provision for SEN being so poor – but cannot afford the extra cost of the VAT.
Alicia Kearns, the shadow minister for home affairs, described Hinder’s tweets as ‘class warfare’.
She said: ‘Parents in my communities have been put through enormous stress and their children’s education disrupted.
‘They do not deserve the ridicule of Labour MPs indulging in class warfare and crowing about manifesto promises whilst glaringly silent on the extra money promised for state schools.
‘I wouldn’t be quite so glib if my ideological experiment had left our state schools worse off.’
The ruling comes after a £43,000-a-year boarding school has been forced to make the ‘heart-wrenching’ decision to close after 125 years following Labour’s tax raid on private education.
Queen Margaret’s School For Girls in York said they are ‘unable to withstand mounting financial pressure’.
Queen Margaret’s School For Girls in York has become the latest to announce its closure
The school also blamed ‘increased national insurance and pension contributions, the removal of charitable-status business rates relief, and rising costs for the upkeep and operation of our estate’.
The 125-year-old institution said that ‘tireless efforts’ in the past 18 months to ‘respond to these challenges’ included a possible merger or sale and the search for ‘fresh investment’.
However, the school said ‘none of these routes resulted in a successful outcome’ and coupled with declining entries, it has ‘been left with no alternative’ but to close.
After ‘strong student enquiry levels’ in Autumn, the school said ‘these declined sharply in early 2025 following the implementation of VAT’ and is ‘below the viable level required’ to keep the school open.
