The government is breaking the law by discriminating against private Christians schools. That’s according to The King’s School in Hampshire who are challenging Labour’s decision to introduce VAT on private school fees. Christian Concern’s Steve Beegoo explains why he’s supportive of the legal action 

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Is the Labour government discriminating against Christians by taxing private school fees?

We at Christian Concern and the Christian Legal Centre believe the answer to that question is ‘yes’. 

You might wonder, as Sam Brown has argued here, why families can’t simply opt for a Christian ethos state school, which is free to attend. 

But we believe there is a clear difference between what a small private Christ-centred school can provide, compared to that of any school which obtains state funding. This is why there is a legal case being made to protect these schools and their children.

One key difference is that private Christian schools are able to have a genuine occupational requirement that all teachers and leaders are committed Christians. This is seen as essential for these schools because teachers are seen as part of a discipleship culture, where, for example, prayer is not just something which happens in assembly. Additionally, having teachers who have a personal commitment to the truth of the biblical narrative is necessary for all the content of curriculum and the pedagogy of the teaching itself. This kind of school culture, embodied by the Christian teachers, means that all subjects can be taught well from a Christ-centred and biblical perspective. Christ, his spirit and his word are not erased from Art or Science, but are the foundation for Music or Maths, and are eagerly, regularly and explicitly discussed not just in Religious Education and Relationships Education but in subjects such as English Literature and History.

It is important to understand that the small nature of these schools is part of their ethos. They are by no means small because they haven’t grown yet; they are small by design. Jesus had a class size of twelve for three years for a reason. These schools believe that the large Victorian factory system, which is all our state taxes will ever be likely to afford, will rarely be able to provide a Christ-centred approach where there is time for every child to be known, loved, prayed with, and daily encouraged in their faith and God-given talents by teachers. Christian teachers and leaders sacrificially working for salaries much lower than state salaried teachers, are the foundation of these cost-effective and yet small settings.

Although some have feared that such an education, possible only in private settings, might produce narrow minded and unintegrated young people, the evidence shows the exact opposite (see Dr Sylvia Baker’s research on the Christian Schools’ Trust schools). They become excellent citizens, contributing to society. The schools regularly pass the state inspections with flying colours. The evidence also shows that it is the majority of their past pupils who continue to hold the Christian faith of their parents as they become young adults. I have yet to see any convincing evidence that this is broadly true for most UK state schools which have a Christian ethos.

Children are leaving the church in droves when they reach their teenage years, as they don’t see Christ and his word as relevant, except perhaps on Sunday

It is generally accepted that Christian parents are not succeeding in passing on a vibrant Christian faith to the majority of their children here in the UK. Of those that say they are Christians, their faith can often be partitioned into a private spiritual part-time pursuit, disconnected from their work and social life. Children are leaving the church in droves when they reach their teenage years, as they don’t see Christ and his word as relevant, except perhaps on Sunday. They are becoming what sociologist Christian Smith describes as ‘Moralistic Therapeutic Deists’ at best.

Many suspect that an education which allows for explicit Christian thought to only be presented in the assembly, with a broadly state secular humanistic approach being used in all other subjects, and taught by non-Christian teachers, will not effectively support parents and churches in addressing the Great Commission’s discipleship mandate in our increasingly post-Christian culture. Jesus, God incarnate, taught twelve teenage disciples intensely in all aspects of life, not just in the synagogue. What did he expect his church to do, when he said to go and make disciples of all nations?

The lawyers at the Christian Legal Centre will argue in the judicial review that there is indirect discrimination which results from the new Labour policies, in the taxing of certain forms of education. The legislation has the effect of creating a significant detriment to Christian parents who wish to have their children educated as described above, when compared to parents who send their children to the majority of state schools.

Our educational landscape is changing rapidly, and is at a new point of transition under a new government. The novel tax on private education will disproportionately affect those Christian parents who, especially for reasons of faith, take steps to educate their children in these small, precious and uniquely Christian schools. This is why it is a Christian freedoms and human rights issue to defend these schools and to protect these parents and their children.