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Telegraph
6 days ago
- General
- Telegraph
Exam watchdog admits a decade of data on extra time was wrong
The exams regulator has admitted that a decade of data on the number of pupils receiving extra time was wrong. Ofqual said on Thursday it was pulling 10 years of data from 2014 onwards after revealing it had accidentally doubled the number of GCSE and A-level students receiving special arrangements, such as extra time or a laptop. Nearly a third of all pupils in England, or around 420,000, were recorded as getting extra time last year, with the figure quadrupling over the past decade. Private schools have also been accused of gaming the system in recent years after official data showed an eye-watering four in 10 pupils received extra time in 2024. But the watchdog has now admitted those statistics were 'significantly overstated' and that the true figure is almost half of that, including for private schools. The Independent Schools Council (ISC) said private schools were owed 'an apology' for the botched data which it said had seen their 'integrity questioned' for years. Pupils are usually only eligible for extra support in exams if they have special educational needs and disabilities (Send) or a temporary injury such as a broken arm. Ofqual said on Thursday that the real level of students receiving extra time in exams was broadly equivalent to the proportion of Send pupils across the school population. This would mean around 19.5 per cent of pupils across all schools in England actually received extra time in their exams last year, not the 30 per cent recorded on official statistics. It also slashes the proportion of private school pupils thought to have received extra time by around half. In total, 41.8 per cent of fee-paying pupils were recorded as getting extra time in last summer's formal exams, but Department for Education (DfE) shows just 22.4 per cent currently receive Send support. Critics had jumped on the disparity between private school pupils receiving extra time and those in the state sector, with 26 per cent of children in non-selective state schools granted it last summer. Julie Robinson, the chief executive of the ISC, said: 'Ofqual is supposed to be the trusted source for exam statistics and as a result of these significant errors, independent schools have wrongly seen their results undermined and their integrity questioned. 'We are pleased that the investigation instigated by the DfE [Department for Education] will lead to a correction of the record and we hope an apology will be forthcoming.' Ofqual blamed the data blunder on duplicate applications for the same student that were accidentally included in official statistics. It also said the inflated data wrongly counted pupils who obtained special access arrangements but did not go on to sit their exams. The watchdog said in a statement: 'Ofqual's detailed analysis of underlying data from the boards has established that the published figures significantly overstated the number of students receiving access arrangements.' Tom Bramley, executive director of research and analysis at Ofqual, said: 'We are correcting the record as soon as possible. 'The access arrangements process has not changed, and students who received support did so appropriately. 'This issue is limited to our access arrangements dataset and our other statistics are not affected.' It will raise serious questions over the regulator's official data collection, as pupils await their GCSE and A-level results next month. The exams watchdog said it will publish revised statistics later this year covering special exam arrangements for 2021 onwards, but warned they 'won't be perfect'. It will leave a seven-year black hole in official data in England, since Ofqual will not replace the figures between 2014 and 2021. Bridget Phillipson, the Education Secretary, voiced concerns with Ofqual last year about the significant jump in pupils receiving extra time and urged them to examine 'the range of reasons that might be driving this and whether any policy response is required'. She told the Financial Times in November that it was 'a real concern to me there is such a big divide between the state and private system'. Torsten Bell, the Labour MP for Swansea West, also said on X last November: 'A far greater proportion of private than state school pupils get extra time in exams… which is even odder when you consider the wider context this is happening within: we know special educational needs are more prevalent in poorer areas.' Unions had also jumped at the rise in extra time figures to claim that exams are too stressful for pupils and called for a rethink of high-stakes assessments. Paul Whiteman, general secretary at school leaders' union NAHT, said: 'While it is regrettable that problems have been identified with these statistics, Ofqual has done the right thing in withdrawing them and working to correct and republish them. 'School leaders have certainly seen more requests for access arrangements in recent years in the aftermath of Covid, increased reports of anxiety and mental ill-health, and significant rises in numbers of children with additional needs.'
Times
13-06-2025
- Politics
- Times
Parents and private schools lose High Court case against VAT on fees
Parents and private schools have lost their legal battle against VAT on fees in the High Court. The judgment on Friday dismissed the arguments made by three separate groups that the new government policy discriminated against children with special educational needs, among others. The ruling said the tax, which was part of Labour's general election manifesto, was proportionate in its aim to raise money for state schools. The Independent Schools Council (ISC) said it was disappointed by the ruling which came after a three-day hearing in April. At least one claimant said they would appeal and the ISC pledged to continue to hold the government to account over the tax. The Treasury, Department for Education and HMRC were named in the application for a judicial review which claimed VAT on fees was discriminatory and a breach of human rights law. Nearly 20 families and faith schools had joined forces with the ISC to challenge the policy, saying it was unfair to parents wanting a faith school or single-sex education, or those who had children with special educational needs but did not have an education health and care plan. Schools and parents were surprised when the tax was introduced in January rather than at the start of the next academic year. The government repeatedly said it would raise at least £1.6 billion a year which would be ploughed back into state schools, including paying for 6,500 more teachers. But Sir Keir Starmer was widely criticised on Thursday for saying on social media that the VAT windfall would fund new housing. Both sides had appointed leading barristers. The barristers used by the government to argue their case had all attended private schools. In their ruling, the judges said the policy may have a discriminatory effect on children with special needs who do not have a Education, Health and Care Plan (EHCP), a legally enforceable document setting out what support they require. But to create an exemption, the judges added, would be unfair to the 1.1 million children with SEN in the state sector as less money would be raised to help them. Referring to parents who brought the claim, the ruling said: 'Not every decision to impose tax gives rise to a deprivation or interference with the possessions of the person who will end up paying it. None of the parents in this case are obliged to continue to send their children to private schools, and it is therefore doubtful whether the challenged measure interferes with a 'possession' of theirs.' Families had relied on an argument that the tax breached their right to education under the European Convention on Human Rights (ECHR) and was also discriminatory. Parents bringing the claim included those wanting single-sex education, foreign language education such as French lycées and Christian, Muslim and Charedi Jewish families. But the ruling said the convention did not require the state to facilitate one child's access to a private school, even if the parents' reason for preferring a private school is a religious one. Education Not Taxation, a private school parent lobby group, had hoped the ruling would lead to the overturning of the VAT policy altogether, although the judicial review would have had no legal force. It said: 'While we are disappointed in the overall outcome of the challenge, we are grateful that the court recognised that imposing VAT on school fees will have a disproportionately prejudicial effect on pupils with SEN but no education health and care plan (EHCP), and therefore that the government's measure discriminates against them.' It claimed the court ruling supported its argument that VAT on education violated the human rights of vulnerable children, adding: 'Labour have consistently demanded respect for the European Convention of Human Rights and we expect them to think hard about what these senior judges have said — does their concern for human rights not extend to these rights for children as well? We will continue to highlight the harms caused by taxing education.' Sophie Kemp, head of public law at Kingsley Napley, representing the claimants, said: 'Both the government and the court recognised [it] had a discriminatory impact on children at religious schools as well as significant impact on children with SEN. The court felt that it was not able to interfere because of the leeway it must give to parliament. Unfortunately, this doesn't help the claimants, who must now weigh their options.' Christian claimants, supported by the Christian Legal Centre, said they planned to appeal against the judgment. Sir James Eadie, for the government, said during the hearing that raising funds was the primary objective of the policy and that parliament was aware that some people would no longer be able to afford private school fees once VAT was added. He told the court: 'It is revenue raising for a purpose. To help fund the government's priorities for education and young people, including investing in state education.' Julie Robinson, chief executive of the ISC, said: 'This is an unprecedented tax on education and it was right that its compatibility with human rights law was tested. We would like to thank the claimants who shared their stories on key issues: special educational needs and disabilities, faith schools, bilingual provision and girls-only education. 'The ISC is carefully considering the court's judgment and next steps. We will continue to work to ensure the government is held to account over the negative impact this tax on education is having across independent and state schools.' In December last year, the chancellor, Rachel Reeves, said: 'Every single penny of that money will go into our state schools to ensure every child gets the best start in life, and that is so often through being able to recruit and retain the best teachers.' Starmer wrote on X this week: ''In the budget last year, my government made the tough but fair decision to apply VAT to private schools. 'The Tories opposed it. Reform opposed it. Today, because of that choice, we have announced the largest investment in affordable housing in a generation.'
Telegraph
13-06-2025
- Politics
- Telegraph
Private school families lose legal challenge against Labour VAT raid
Private school families have lost their High Court challenge against the Government over its decision to apply VAT on fees. Three separate challenges were heard together in a judicial review between April 1 and 3, using more than a dozen families as case studies. In a single written judgment issued on Friday, the three judges presiding over the case said they 'dismiss the claims'. Dame Victoria Sharp, Lord Justice Newey and Mr Justice Chamberlain said the VAT policy was 'proportionate' in its aim to raise extra revenue for state schools. The Independent Schools Council (ISC), which was part of the legal challenge and represents more than 1,400 private schools, said it was 'carefully considering the court's judgment and next steps'. Other claimants vowed to appeal the ruling, including three Christian schools supported by the Christian Legal Centre. Private school families sued the Government over its decision to apply 20 per cent VAT to fees, which came into force in January. Parent groups were seeking a 'declaration of incompatibility' under human rights laws. Even if successful, this would not have overturned the VAT policy in itself, but could have forced the Government to take a second look at the tax raid or hand out exemptions. The ISC's case was wrapped together with two others, using children as case studies to highlight the alleged unfairness of the policy. They included children with special education needs (SEND) who are not eligible for tailored care plans, religious families with children at faith schools, families at bilingual schools and a girl at a single-sex school. Claimants argued that the VAT raid inhibits their fundamental right to education for some pupils, and disproportionately affects lower-income families. 'Broad margin of discretion' In their ruling issued on Friday, the three judges accepted that Labour's VAT raid 'interferes' with the claimants' right to education under the Human Rights Act 1998, but insisted that the Government had a 'broad margin of discretion' in balancing this against its wider education aims. The High Court judges added that parts of the European Convention on Human Rights referenced in the case 'go no further than the right of access to whatever educational system the state chooses to provide... and the right to establish a private school'. They argued that none of the parents in the lawsuit are obliged to continue to send their children to private schools, and that ministers were right not to exempt such families, as this would squeeze the overall revenue gain from the policy. In their claim against the Government, private school families had also taken issue with ministers' repeated insistence that the levy was ending a 'tax exemption' or 'tax break', arguing that education has until now not been subject to VAT in Europe. The judges said such comments were 'in our view, more a slogan than a legally significant description', adding that Brexit may have even paved the way for the Government to enforce its tax raid on independent schools. Lawyers for the claimants had argued that the VAT policy made the UK an outlier in the Council of Europe, but the judges noted that 'most Council of Europe states are in the European Union – and EU member states cannot impose VAT except in accordance with EU law'. 'This is therefore one respect in which the UK's exit from the EU has increased the scope of Parliament's freedom to determine policy for the UK,' they said. 'Unprecedented tax on education' The decision has been met with backlash from private schools. Julie Robinson, the chief executive of the ISC, said: 'This is an unprecedented tax on education and it was right that its compatibility with human rights law was tested. 'We would like to thank the claimants who shared their stories on key issues: SEND, faith schools, bilingual provision and girls-only education. It showcased how vital independent schools are for many families and the broad, diverse community choosing what they feel is the right education for their child. 'The ISC is carefully considering the court's judgment and next steps. Our focus remains on supporting schools, families and children. We will continue to work to ensure the government is held to account over the negative impact this tax on education is having across independent and state schools.' Ben Snowdon, a headteacher at Emmanuel School, an independent Christian School in Derby that was part of the legal challenge, said: 'The consequences of this policy will be devastating for independent Christian schools and many other low-cost independent schools across the country. 'It is especially concerning to parents who are not from affluent backgrounds and who have children with special education needs. 'At Emmanuel School we share the Government's desire to ensure that all children have access to high-quality education, but we're deeply concerned that the Government's VAT proposals will hinder this aim.' Sir Keir Starmer has insisted that Labour's VAT raid will raise £1.8 billion a year by the end of the decade, which the party has promised to spend on raising state school standards. Court documents obtained by The Telegraph earlier this year revealed that the Government deliberately chose the 'most disruptive' start date for the VAT raid after being presented with a range of options. Ministers toyed with a later start date for the tax but ultimately decided to implement it in the middle of an academic year in order to 'maximise revenue'. In their judgment on Friday, Dame Victoria, Lord Newey and Mr Chamberlain said they 'do not consider that the decision to introduce the measure from January 2025 exceeded Parliament's broad margin of discretion'.
The Independent
13-06-2025
- Politics
- The Independent
Private schools lose High Court battle against Starmer's VAT raid on fees
It comes after six families last year launched a legal challenge against the government's controversial tax raid, which imposes 20 per cent VAT on private schools, claiming it is discriminatory against certain children, such as those with special education needs (SEN). Supported by the Independent Schools Council (ISC), which represents 1,400 independent schools, the families sought a declaration of incompatibility under section 4 of the Human Rights Act, claiming the new tax is incompatible with the European Convention on Human Rights. But Dame Victoria Sharp, Lord Justice Newey and Mr Justice Chamberlain said in a 94-page decision that while the legislation does interfere with some of the group's human rights, there was a 'broad margin of discretion in deciding how to balance the interests of those adversely affected by the policy against the interests of others who may gain from public provision funded by the money it will raise'. During a hearing in April, Lord David Pannick KC, representing one group of children and their parents, said that the needs of some children currently in private schools could not be met by state schools. The High Court was told that, as well as religious beliefs and SEN, some children are privately educated because of a need for a single-sex environment because of previous abuse, or because they are only temporarily in the UK and need to be educated in line with their home national curriculum. But Sir James Eadie KC, representing the Treasury, HMRC and the Department for Education, said abolishing the VAT exemption for private school fees was a prominent feature of Labour's manifesto at the last general election. While the legal challenge would not have been able to halt the VAT policy or reverse it even if successful, it would have been a major blow to ministers and piled pressure on them to consider further exemptions. The government has estimated the tax raid will raise £1.7bn per year by 2029-30, money which ministers said would be used to fund 6,500 new teachers for state schools. So far, private school pupil numbers have fallen by more than 11,000 in England following the tax hike, DfE data showed. In January 2025, there were around 582,500 pupils at English private schools, down from 593,500 at the same point last year. When the policy was introduced, Treasury impact assessments estimated that private school fees would increase by around 10 per cent as a result of the introduction of VAT, But in May, ISC figures showed that fees have increased by 22.6 per cent in the past year, with parents now paying out more than £22,000 a year on average. The Treasury predicts that 35,000 pupils would move into UK state schools 'in the long-term steady state'. A further 2,000 children would leave private schools, the department estimated, consisting of international pupils who do not move into the UK state system or domestic pupils who move into homeschooling. The ISC has been contacted for comment.
BBC News
13-06-2025
- Business
- BBC News
Private schools lose High Court challenge into VAT changes
Three high court judges have rejected a judicial review into the government's policy of adding VAT to private school representing families and private schools had argued that the policy was discriminatory and in breach of human rights Robinson, CEO of the Independent Schools Council, which represented some of the families said it is carefully considering the court's judgment and next government defended the policy in court saying it would raise £1.8bn a year by 2029/30 which it would spend on raising standards in the state sector.
