Private Christian schools to take legal action against UK Government’s VAT plans

9 October, 2024

Three private Christian schools and a group of parents are to sue the UK Government over its plans to impose VAT on English private school fees, the Times reports, claiming that the plans are a breach of the parents’ human rights. Lawyers have written to ministers arguing the proposal would unlawfully discriminate against parents wishing to provide their children with a Christian education because it would force Christian schools to close. But Humanists UK disputes this. Even if the schools in question did have to close, human rights don’t guarantee their existence and state-funded Christian schools continue to operate. 

One parent named in the letter said they would not send their child to a state school as they wanted to make sure their children received ‘a positively Christian education and not a secular education’.

But the European Convention on Human Rights provides that ‘In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.’ Some commentators sometimes use this to argue that parents have the right to the existence of particular types of school. But this is not the case: the state’s duty is one of neutrality. A state school that is neither religious nor humanist is such a neutral school. It does not interfere with parents’ right to bring up their children in line with their own religion or belief outside of school hours.

Furthermore, there are no ‘secular’ state-funded schools. About one third of all state-funded schools in England and Wales are of a religious character, and almost all of these are Christian. And even the two thirds of state schools that have no religious character are required by law to hold a mandatory daily act of Christian collective worship.

Humanists UK campaigns for an inclusive education and schools system that allows no privilege or discrimination on grounds of religion or belief, and gives children and young people of all different backgrounds and beliefs an environment that lets them learn with and from each other. This includes campaigning for an end to religious discrimination in school admissions and employment, and for a progressive reform of the curriculum including religious education. That is possible while still respecting parents’ human rights.

Humanist UK’s Education Campaigns Manager Lewis Young said:

‘This case should not succeed on the facts and it is also misguided in principle. Children have the same fundamental rights concerning education regardless of the type of school they attend. Their access to a broad, balanced, and evidence-based education shouldn’t vary. We hope the UK Government will fight this case and we look forward to supporting them.’

Notes

For further comment or information, media should contact Humanists UK Director of Public Affairs and Policy Richy Thompson at press@humanists.uk or phone 0203 675 0959.

Read more about our work on schools and education

Read about our work on private faith schools

Read the Times article.

Read about how children were taught creationism and climate change denial in private faith schools. 

Humanists UK is the national charity working on behalf of non-religious people. Powered by over 120,000 members and supporters, we advance free thinking and promote humanism to create a tolerant society where rational thinking and kindness prevail. We provide ceremonies, pastoral care, education, and support services benefitting over a million people every year and our campaigns advance humanist thinking on ethical issues, human rights, and equal treatment for all.