Strictly Orthodox children are more likely to face antisemitism in state schools “endangering their safety and emotional wellbeing” because they are “visibly Jewish”, the High Court has been told.
Barristers Lord Pannick and Paul Luckhurst also argued that Strictly Orthodox schools are “essential in ensuring the Charedi Jewish community receive the education required by their faith” and that the state sector would be unable to meet their needs.
The lawyers also said it would be impossible for Strictly Orthodox schools to convert to state run one because the secular curriculum is “incompatible” with the religious values of the community.
“There is no alternative state sector provision that would meet their needs” it was argued, with abuse and discrimination more likely in secular schools.
High Court
A three-day hearing into a case, supported by the Independent Schools Council, and brought on behalf of seven children, including two who attend Jewish schools, ended on Thursday.
Judges Dame Victoria Sharp, sitting with Lord Justice Newey and Mr Justice Chamberlain, said: “We appreciate that parties would welcome judgment as soon as possible. We will endeavour to do that.”
The legal action against the Treasury is claiming the policy of applying VAT to fees is discriminatory and incompatible with human rights law.VAT on private schools discriminates against Charedi community, High Court told
Sir James Eadie KC, representing the Treasury, HMRC and the Department for Education, had earlier argued the government’s policy was raising revenue to support public finances and help deliver the commitments relating to education and young people, including the 94% of children who attend state schools.
He said it was fair all users of private schools paid their share, ensuring that pupils with the most acute needs would not be impacted, and minimising administrative burdens.
The barrister also said that state schools can “provide for children of all faiths and none through systems of mutual tolerance and respect”.
Accepting that “faith schools that serve narrow religious communities are generally smaller schools with lower fees on average than other independent schools” the government has argued that these schools were also “more at risk of insolvency.”
Chinuch UK and Partnership for Jewish Schools (PaJes) have proposed exemption from VAT for the smaller Charedi schools, which they said charged fees of around £2,231 a year.
The Treasury has said such exceptions would prove to be “administratively unworkable”.
