An education lawyer is warning parents to take action now to avoid being left with a hefty bill. There are concerns that parents of children with special educational needs and disabilities (SEND) could face financial hardship following changes announced in the King’s speech yesterday (July 17).
HCB Solicitors, specialists in Education Law, are advising families to apply for an Education, Health and Care Plan (EHCP) as soon as possible to safeguard 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 schoolchildren in the UK attend private schools, which equates to just over 554,000 pupils. It is believed that this will affect families, particularly those who rely on private education for SEND children.
When this policy comes into effect, schools may pass on the 20 per cent VAT rate onto current fees, potentially costing families an extra £3,800 per year. However, Labour has clarified that pupils with an EHCP will be exempt from this VAT increase, ensuring their fees remain unaffected.
Many parents opt for private schools for their SEND children due to the smaller learning environments. Without an EHCP, families might struggle with higher costs, risking disruptions to their child’s education.
The perception that obtaining an EHCP is a challenging process has led many families to opt for paying for private schooling instead of seeking support via the EHCP route. This belief often stems from misinformation disseminated by local authority Special Educational Needs (SEN) teams and filtered down into mainstream schools.
According to data from the Independent Schools Council (ISC), out of 111,154 SEND pupils in private schools, only 7,646 have EHCPs. These plans ensure local authority support for private school funding and exempt families from additional VAT charges.
Potential changes to VAT could trigger a surge in EHCP applications, putting further pressure on the already overstretched SEND Tribunal. HCB Solicitors are urging those in need of EHCPs to act swiftly to lessen financial impact and safeguard their child’s educational future.
Ed Duff, an education lawyer and director at HCB Solicitors, warned: “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.”