Question to the HM Treasury:

To ask the Chancellor of the Exchequer, if she will take steps to exempt pupils awaiting an Education Health and Care Plan from the introduction of VAT on independent school fees.

On 29 July, the Government announced that, as of 1 January 2025, all education services and vocational training provided by a private school in the UK for a charge will be subject to VAT at the standard rate of 20 per cent. This will also apply to boarding services provided by private schools.

This change will not impact pupils with the most acute additional needs, where these can only be met in private schools. Local Authorities (LAs) fund pupils’ places in private schools where their needs can only be met in a private school. For example, in England, where attendance at that private school is required by a child’s Education, Health and Care Plan (EHCP), LAs will be able to reclaim the VAT on the fees from HMRC. In Northern Ireland, it will be the Education Authority who fund placements in private schools and will be able to reclaim the VAT.

If parents have chosen to pay the fees to place their child in a private school while going through an EHC needs assessment, they will be liable for any fees. As part of the EHC assessment process, the LA will consider what school or college to name on the plan. LAs aim to process all EHCP applications in time for the start of the next school year so that parents can make an informed decision as to which school they send their child to. In certain circumstances, the LA is able to prepay one term’s fees if the EHCP is not yet complete, but the outcome is foreseeable. Likewise, some private schools will forgo the first term’s fees for pupils that are expected to be granted an EHCP in the future.

A technical consultation was published on 29 July and remained open until 15 September. This gave schools 6 weeks to prepare a consultation response, including around 2 weeks from the end of the school holidays. It is important that the consultation closed on 15 September to provide enough time to analyse responses and consider any changes to the draft legislation ahead of Budget.