As the General Election approaches, parents of children with special educational needs and disabilities (SEND) may encounter financial strain if Labour’s proposed policies take effect.
HCB Solicitors, experts in Education Law, urge families to apply for an Education, Health and Care Plan (EHCP) as soon as possible to protect their children’s education and avoid potential costs.
Labour’s Proposed Policies
Labour’s manifesto includes plans to remove VAT exemptions for private schools. This change may significantly impact families, particularly those relying on private education for SEND children.
If implemented, private schools might add a 20% VAT on current fees, potentially costing families an additional £3,800 per year.
EHCP Exemptions
Labour has stated that pupils with an EHCP will be exempt from this VAT increase. Their fees will remain unaffected.
Labour also suggests that private schools should avoid passing this VAT increase onto parents, though it remains unclear how smaller schools, many with minimal profits, will manage this.
Importance of Smaller Learning Environments
Many parents choose private schools for their SEND children for their smaller learning environments.
Without an EHCP, higher costs might burden families, risking disruptions to their child’s education.
It is often perceived as ‘impossible’ to obtain an EHCP, encouraging families to pay for school instead of seeking support through the EHCP route.
Current EHCP Statistics
According to the Independent Schools Council (ISC), 111,154 SEND pupils are in private schools, but only 7,646 have EHCPs.
EHCPs ensure local authority support for private school funding and exempt families from additional VAT charges.
Potential Impact on EHCP Applications
VAT changes could spike EHCP applications, straining the already overwhelmed SEND Tribunal.
HCB Solicitors urges immediate action for those needing EHCPs to minimize financial impact and safeguard their child’s educational future.
Expert Opinions
Ed Duff, Education Lawyer and Director at HCB Solicitors, expressed concern over the potential ramifications of these changes for families of SEND children.
He highlighted that many have opted for smaller independent schools because their children struggle in mainstream education.
The proposed VAT changes by Labour could financially strain parents of SEND children, particularly those in private schools.
Families are advised to apply for EHCPs promptly to safeguard their children’s education and avoid potential costs.
