I genuinely wonder who, apart from Barrett perhaps, would take this on. I'm a minor minion in VAT from a tax perspective, and there is no way its winnable. I mean, what's the argument? 'We're wealthy and this infringing out human rights to be wealthy' jfc 🤷♂️
“I am being advised by Paul Conrathe, a human rights solicitor at the education law firm, Sinclairs law. Jeremy Hyam KC and Tom Cross, who are leading human rights barristers, are providing specialist advice and representation.”
I guess they'd say the govt fails to provide SEN education. So they go private. By charging VAT and not giving a discount to SEN kids, govt is in indirectly discriminating against people with a disability & are in breach of Equality Act & Art 14 HRA 🤷♂️ just a guess though.
I think that is fundamentally the argument, but if anything the remedy is wrong anyway- in that case surely the LA should be under an obligation to provide. How it relates to VAT on private schools more generally I see no argument
The most likely path to success probably is against the LA. But, I guess they can ask the court for a declaration of incompatibility. Not really my area though.
Correct. Because it puts them in no worse a position than any other parent who can't afford fees in the first place, they are left to deal with the LA as most other parents are? We can have an arg about whether LA provision is sufficient, but this isn't it.
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