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Christian families have launched legal action against the government’s VAT raid on private schools, arguing religious schools and pupils are being discriminated against.

Parents and four schools, supported by the Christian Legal Centre, have filed a High Court judicial review claim against the government’s policy, which removed the VAT exemption on private school fees.

The 13 claimants are seeking a declaration that the government’s changes were unlawful and incompatible with their human rights.

Lawyers will argue the measure has disproportionately impacted parents who want their children to be educated in Christian schools.

One parent bringing the claim, bookseller Stephen White, 40, said he had chosen to live in a specific area of Bradford so he could afford to send his four children to Branch Christian School, which is nearby.

Mr White, whose 14-year-old son Josiah is also a claimant in the case, said: “As Christians, we believe that it is our duty as parents to raise our children in line with our beliefs. This policy denies us this right and choice and must be challenged.”

He said Labour’s policy had created a “caricature of wealthy schools full of wealthy parents”, which is “not the reality”.

Stephen White and his son Josiah, pictured, are claimants in the proposed case against the government (Christian Concern/Stephen White)

Another family, who are part of the legal claim but did not want to be identified, are looking after two children who were previously in care.

The children are currently attending a fee-paying Christian school, which was recommended for their specialist needs.

Headteachers at four independent Christian schools are also part of the case, including Emmanuel School in Derby, the Branch Christian School, the King’s School in Hampshire and the Wyclif Independent Christian School in South Wales.

Caroline Santer, headteacher at the King’s School, which has 231 pupils aged four to 16, said: “The vast majority of our pupils are not from affluent backgrounds. We have a number of single-parent families receiving Universal Credit and most families make huge financial sacrifices in order to send their children here.

“Fifteen per cent of the children enrolled at the school are on our Special Needs Register and are thriving because of our small class sizes and nurturing environment; the needs of these children and families would otherwise not be served in the state sector in our area.

“The school will be significantly impacted by the introduction of VAT and the removal of business relief rates for charitable private schools. The school has no ability to absorb the cost of VAT: this will have to be passed on to parents.”

She said the introduction of VAT would be “an existential threat to the school”, adding pupils have already begun to be withdrawn from the school because parents can’t afford higher fees.

Education secretary Bridget Phillipson has said that tax exemptions for private schools are a luxury “we cannot afford” (PA)

Ben Snowdown, headteacher at Emmanuel School, said the changes in policy “will be devastating for independent Christian schools and many other low-cost independent schools across the country”.

Andrea Williams, chief executive of the Christian Legal Centre, who is supporting the parents with the challenge, said: “The government’s policy will have the effect of removing parental choice and authority from how their children are educated. The devastating impact of this is told through the stories of those bringing this case.

“Labour must row back on this policy urgently. If they don’t, we will continue to pursue every legal avenue in the pursuit of education freedom for all.”

The application for a judicial review comes after a different set of families launched legal action against the policy before Christmas. These families, supported by the Independent Schools Council, are arguing that the tax could price them out of private education and into the state sector where their needs cannot be met.

Their case will be heard this Spring after a High Court judge agreed to expedite the claim.

From 1 January this year, private school fees have been charged VAT at the standard rate of 20 per cent – removing the tax exemption that used to apply.

It is estimated extending VAT to private school fees will raise £460m in 2024-25, rising to £1.5bn in 2025-26.

The government forecast it will cause 37,000 pupils to leave the private sector – or around six per cent of the current private school population. Government assessments concluded that small faith schools would not be affected more by the VAT raid than other schools.

A government spokesperson said: “We do not comment on ongoing litigation matters.

“Ending tax breaks for private schools will raise £1.8bn a year by 2029/30 to help deliver 6,500 new teachers and raise school standards, supporting the 94 per cent of children in state schools to achieve and thrive.”

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