Expert says changes could cost parents thousands to send children to school

HCB Solicitors, experts in Education Law, is urging families to apply for an Education, Health and Care Plan (EHCP) as soon as possible to protect their children’s education and avoid increased costs. Labour’s manifesto included plans to remove VAT exemptions for private schools.

This was confirmed in the King's speech. Around 5.9 per cent of all children at school in the UK are attending private schools, equating to a little more than 554,000 pupils.

Is is thought that this will affect families, especially those relying on private education for SEND children. When this policy is implemented, schools may look to pass on the 20 per cent VAT rate onto current fees, potentially costing families an additional £3,800 per year. However, Labour have made clear that those pupils with an EHCP will be exempt from this VAT increase, ensuring their fees remain unaffected.

Many parents choose private schools for their SEND children due to their smaller learning environments. Without an EHCP, families might struggle with higher costs, risking disruptions to their child’s education.

There is a widespread perception that it is difficult to obtain an EHCP, which has further encouraged families to simply pay for the school rather than try to access support through the EHCP route. This perception is often the result of misinformation shared through local authority SEN teams and distilled into mainstream schools.

According to the Independent Schools Council (ISC), 111,154 SEND pupils are in private schools, yet only 7,646 have EHCPs. EHCPs ensure local authority support for private school funding and exempt families from the additional VAT charges.

Potential VAT changes could spike EHCP applications, straining the already overwhelmed SEND Tribunal. HCB Solicitors urges immediate action for those needing EHCPs to mitigate the financial impact and protect their child's educational future.

Ed Duff, education lawyer and director at HCB Solicitors, said: "This change to the education system could have huge ramifications for families of children with special educational needs. Many have taken the decision to place in smaller independent schools because their children could not cope in mainstream education. This increase in costs is highly likely to affect those children and families.

“Applying for an EHCP now is crucial to protecting your child's educational future and mitigating any financial impact. If you need an EHCP, get in touch with our team who can walk you through the process."