I have copied below the article published on the Christian Concern website, in which they give the remarkable news that the stoicism of the campaigners supported by the Christian Legal Centre has paid off. In short, the Law Lords have permitted the appeal to the Supreme Court on the matter of the blanket imposition of VAT on private school fees. Permission to appeal to the Supreme Court is limited to whether the Government’s policy strikes a fair balance (proportionality) between its objectives and the real-world harms. The schools argue the 2026 Court of Appeal gave insufficient weight to the tangible negative impacts on families and schools, while overemphasising administrative convenience and public finances.

The case is listed as UKSC/2026/0056 (R (on the application of BYL and another) v Chancellor of the Exchequer and others). Supreme Court hearings are typically scheduled several months after permission is granted. As of now (early June 2026), the hearing has not been listed, and no specific date has been announced publicly.

Over the last 7 days, the following list covers schools that have announced their closure at the end of the current term:

Heathside School (Hampstead, London – Dukes Education group)
Ruckleigh School (Solihull, West Midlands)
St Wilfrid’s School (Exeter, Devon)
St Michael Abbey School (Tenbury Wells, Worcestershire)
St Gerard’s School (Bangor, Gwynedd, Wales)

That significant harm has been caused is beyond any doubt now. The recent Independent Schools Council (ISC) figures revealing a loss of 30,000 pupils across UK independent schools since the introduction of VAT on fees represent a stark and accelerating impact of the policy. With ISC CEO Julie Robinson making numerous media appearances this week to highlight the data, the decline — significantly greater than the government had anticipated — underscores the real-world consequences for families, schools, and the broader education sector. Far from being a simple revenue-raising measure, these numbers illustrate how the blanket VAT charge is forcing difficult choices for parents, threatening the viability of many schools (particularly mid-sized and specialist ones), and ultimately risking added pressure on already-stretched state schools as displaced pupils seek places there. This data strengthens the case for a more nuanced and proportionate approach to education policy.

“The Supreme Court of the United Kingdom has granted permission for a group of independent Christian schools, parents and pupils to appeal the Government’s decision to impose VAT on independent school fees, ensuring that the high-profile legal challenge will now be heard by the country’s highest court. Lord Reed, Lord Hamblen and Lord Richards confirmed that permission to appeal has been granted on one of the central grounds of challenge, proportionality, recognising that this aspect of the case raises an arguable issue requiring consideration at the highest level.

The case is supported by the Christian Legal Centre and brought by independent Christian schools across the UK, including Emmanuel School in Derby, The Branch Christian School in Yorkshire, The King’s School in Hampshire, and Wyclif Independent Christian School in South Wales, including parents and even pupils.

They argue that the Government’s VAT policy disproportionately impacts Christian schools and the families who choose them, particularly those of modest means. While permission has been limited to “ground 4” of the appeal, this issue lies at the very heart of the case. It concerns whether the Government’s policy strikes a fair balance between its stated objectives and the real-world consequences for affected schools, parents and children.

The schools’ lawyers contend that the 2026 Court of Appeal ruling placed insufficient weight on the tangible harms caused, including financial strain on families, disruption to children’s education, and risks to the viability of schools, while giving undue weight to administrative convenience and public finance considerations. The appeal will therefore give the Supreme Court the opportunity to examine whether the proportionality test was properly applied and whether the policy goes further than is justified.

A key feature of the challenge is that the VAT measure applies as a blanket policy, without allowing for individual circumstances. The schools argue that this lack of flexibility fails to account for families who choose Christian education for religious reasons, those already financially stretched, pupils settled in their schools, and institutions whose sustainability is under threat.

The case also raises wider concerns about fairness. The appellants argue that it is disproportionate to single out parents who are not using the state system, despite contributing through general taxation to state education, and then requiring them to shoulder an additional financial burden. Another significant issue is the absence of any transitional arrangements. The policy was introduced without safeguards for children already part-way through an academic year or stage of education, leading to disruption and uncertainty for families who had made long-term commitments.

This development marks a significant step forward in a case with far-reaching implications for education, religious freedom, and parental choice across the United Kingdom. While the outcome remains to be determined, the Supreme Court’s decision confirms that the challenge raises serious and arguable questions requiring full consideration.

Analysis reported in The Times this week highlighted that since the introduction of a 20 per cent charge on school fees, more mid-sized independent schools than usual have begun to buckle. Across the independent sector, including special educational needs schools, closures rose from 58 in 2024 to 71 in 2025. “