Kent mum plans legal action over private school VAT

Alexis Quinn said her daughter was "forced out of the state sector"

A mother from Kent is hoping to launch legal action against government plans to change tax on private school fees.

Alexis Quinn, whose daughter is autistic, said adding VAT at the standard rate of 20% to fees will force many children with special educational needs into "unsuitable placements" in the state sector.

Ms Quinn has so far raised more than £72,000 to foot the cost of a legal challenge in the High Court.

The government has said children whose education, health and care plan (EHCP) states that they needed a council-funded place in a private school for specialist support will not be impacted by VAT.

Ms Quinn, who works for a charity, said her 12-year-old daughter Addison struggled to cope in state primary school and she was worried about secondary provision.

"Her mental health was so bad... headaches, tummy aches, couldn’t eat, can’t sleep, crying a lot of the time," she told the BBC.

"Essentially she was forced out of the state sector and now I feel like the government have implemented this VAT policy again without thinking about children with special educational needs and what that might mean for them."

Addison attends Rochester Independent College which costs £16,800 a year for year 7 to 9 pupils

Ms Quinn said she applied to Kent County Council in an attempt to secure an EHCP for Addison but was turned down.

The single parent decided to send Addison to Rochester Independent College, where fees cost £16,800 a year for pupils in year 7 to 9, for the additional support on offer.

Annual fees for pupils in years 10 and 11 rise to £22,230.

She receives financial support from her own parents to help pay fees, while Addison receives an art scholarship which brings down the total cost.

But Ms Quinn said she might have to withdraw her daughter when the legislation is set to come into force on 1 January.

Pupils 'discriminated against'

Paul Conrathe, a lawyer from Sinclairslaw acting on behalf of Ms Quinn, said vulnerable children will be "discriminated against because the state doesn't have the provision that's necessary to meet their needs".

A pre-action letter which puts the government on notice of the intention to issue proceedings in the High Court was sent to Chancellor Rachel Reeves last week.

In total, Ms Quinn has said she needs £350,000 to fund the legal action, which would argue that the policy breaches children with special educational needs' right to education under the European Convention on Human Rights.

The government has said the tax will raise up to £1.5bn a year, which would go towards public finances and improving education outcomes for young people.

The Department for Education and HM Treasury did not comment directly on the proposed legal action.

Kent County Council's cabinet member for education and skills, Rory Love, said: "There will be a personal impact on children with special educational needs whose parents have made their own sacrifices to send their child to an independent school of their choice, but for whom a 20% increase in fees will make their choice unaffordable."