The Association of Muslim Schools UK (AMS UK) expresses deep concern following today’s High Court judgment which dismissed legal challenges against the introduction of VAT on independent school fees under a prospective Labour government policy.

The legal challenge—brought forward by families and supported by a range of organisations including Education Not Discrimination, Christian Concern and the Independent Schools Council (ISC)—was intended to protect children’s rights and ensure that access to education remains equitable and inclusive. While the Court acknowledged that children’s rights under Article 2 of Protocol 1 (right to education) and Article 14 (freedom from discrimination) had indeed been interfered with by this policy, the ruling upheld the government’s wide margin of discretion in pursuing taxation policies.

AMS UK notes the following key concerns highlighted in the judgment:

The court recognised the serious harm this policy will cause to children, especially those in faith schools and children with Special Educational Needs and Disabilities (SEND).

For Muslim pupils, the court ruled they do not constitute a sufficiently distinct group affected disproportionately. AMS UK strongly refutes this, as many Muslim independent schools serve disadvantaged communities and operate with minimal financial margins, often stepping in where local provision is lacking.

The court accepted that the SEND system is in a “parlous state”, yet found the lack of exemption for children without EHCPs was legally permissible.

The rejection of the argument that independent education is unprotected by the right to education is welcomed—this affirms the legal status of independent schools within the framework of the European Convention on Human Rights.

While the judgment is disappointing, it has underlined several important points.

AMS UK will continue to advocate for faith-based, inclusive, and high-quality education for all pupils, and will engage directly with government, political parties, and legal experts to ensure that:

Faith schools are not penalised for delivering community-anchored, culturally and religiously appropriate education.

SEND children in independent settings are not left behind, particularly those without formal EHCPs but with significant needs.

Parents and schools serving minority communities are protected from unintended but deeply damaging consequences of this tax.

AMS UK stands with the broader independent sector in urging the government and opposition to reconsider the blanket VAT policy on educational grounds, and to commit to a fairer, more inclusive approach that safeguards children’s futures across all sectors.