Parents of SEND children say VAT on private schools, which came into place on 1 January this year, means they can no longer afford the fees of private schools if state-funded placements are not suitable for them or if there are no state SEND schools in the area.
SEND parents argue, as reported in the Independent, that they are now working “seven days a week” to provide their children with the education they need.
High Court
On 13 June 2025, private schools (including SEND, same-sex and faith schools) lost their case at the High Court, where they argued the VAT was discriminatory and a breach of human rights.
The court recognised that some groups’ human rights would be interfered with but stated there is a “broad margin of discretion in deciding how to balance the interests of those adversely affected by the policy against the interests of others who may gain from public provision funded by the money it will raise”.
Sir James Eadie KC, who represents the Treasury, argues that the VAT on private school fees is expected to rise by between £1.5 billion and £1.7 billion per year.
This would redistribute wealth by giving more funding to train 6,500 state schoolteachers as the private sector “pays their fair share”, according to barristers representing the government.
Local SEND provision
Although there are no private SEND schools in Bedford, there are SEND schools within the Bedford Inclusive Learning and Training Trust (BILTT).
Bedford & Kempston MP, Mohammed Yasin (Labour), also said there is a “Government’s exemption for children with special educational needs who have Education, Health and Care Plans (EHCPs) funded by local authorities, where VAT can be reclaimed.”
Furthermore, the “brand new, state-of-the-art SEND facility” at Rivertree Free School on Hillgrounds Road, which opened in February 2025, offers an alternative to private provisions and a solution to the limitations of SEND provisions at state schools.
Read: Mayor describes Rivertree Free School as “a vision for inclusion and excellence”
He also shared that current estimates suggest Bedford Borough Council may need to provide fewer than 200 extra school places. However, he believes this is a manageable challenge as Bedford has already absorbed nearly 4,000 new pupils since 2016.
Yasin confirmed that Labour will also publish a Schools White Paper in the autumn, which will set out a long-term vision for SEND, “Focused on early intervention, clear accountability, and faster support.”
He also assured us he would “keep listening to families and doing everything I can to ensure no child in Bedford is left behind.”
Even so, critics of the VAT changes maintain that the Labour government is on a collision course with itself, saying this goes against their “traditional core values of equal opportunity”, regardless of social background, and protecting minority rights.
