Jeremy Hyam KC, a human rights lawyer, said: “It is clearly arguable that if the state imposes VAT and removes [the] charitable status of private schools without proper analysis of the likely effects on the sustainability and economic viability of such schools, the effects may be so destructive of the ability of such schools to continue to exist that it is a disproportionate and unlawful interference with the right of plurality of educational choice protected under the ECHR.”
Lord Pannick was asked by the Government to help draft the bill to support its plan to deport channel migrants to Rwanda last year, but reportedly warned its chances of securing the flights would be severely limited.
In 2020, Lord Pannick appeared on behalf of Shamima Begum in the Supreme Court’s judicial review brought against then home secretary Sajid Javid, who banned her from returning to the UK for legal proceedings regarding the removal of her British citizenship.
The KC also successfully represented Gina Miller in her case against the Government over whether the prime minister first needed approval from Parliament before triggering the UK’s exit from the European Union.
Boris Johnson, the former prime minister, called in Lord Pannick at the height of the Partygate scandal in March 2023 to advise on his assessment by the House of Commons Privileges Committee of whether he knowingly misled MPs.
Gillian Keegan, the secretary of state for education, said: “Labour have already admitted their ideologically motivated tax on education will arbitrarily lead to larger class sizes and now it has emerged they have been warned their policy is discriminatory and breaches human rights law.
“Make no mistake, taxing education is unprecedented in this country.
“No one who cares about our children’s education would ever put politics before pupils, but it is clear that for Labour no price is too high in their pursuit of the pernicious politics of envy.”
A Labour Party spokesman said: “We do not agree with this assessment, and we are confident that our plans are compatible with the European Convention on Human Rights.
“Labour will invest in delivering a brilliant state education for children in every state school by recruiting over 6,500 new teachers, funded by ending tax breaks for private schools.
“Independent schools have raised fees above inflation for well over a decade and do not have to pass Labour’s proposed change on to parents.”
