EDUCATION

Our education practice is concerned with the potentially unlawful actions of schools,

Local Authorities and central government.

R (ALR and others) v Chancellor of the Exchequer [2025] EHWC 1467 (Admin)

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Judicial review of the government’s decision to impose 20% VAT on private school fees and not carve out fees for children with special needs who have no Education, Health & Care Plan. On 13 June 2025, the High Court ultimately determined that although the government’s policy discriminated against children with special needs, this was justified as a tax-raising measure.  CONCLUDED

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Page v The Information Commissioner & Anor [2025] UKUT 308 (AAC)

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A challenge by a mother over the refusal of her daughter’s school to share sex education material from third parties with parents.  This case was lost at the first instance and then at the upper-tier tribunal.  Permission to appeal to the Court of Appeal is being sought.  ONGOING

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Montgomery & Others  v Sec State for Education

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A judicial review challenge to the Secretary of State for Education regarding the Government’s recently-issued safeguarding guidance on Smartphones in schools, claiming that an outright ban is needed across primary and secondary schools and the government’s failure to impose one is an unlawful breach of its statutory safeguarding duty. The Claimants are three parents who want to protect their children from the significant harms and educational detriment caused by access to smartphones in schools. A young person who has suffered harm in a variety of ways through access to smartphones in schools is also bringing the claim.  ONGOING