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Commission Court rules for charities erred in defining how private schools are in the public interest

private schools in England and Wales have won a legal battle over how to show their value to society.

A court ruled that the Charity Commission, which regulates charities, was wrong in some respects, they did pay the tax shown its public schools.

Before the Charities Act 2006, private schools may apply automatically the status of charity. Since then they had to pass a public service, showing that provide the company well in general, not just the fees they pay.

But The Independent Schools Council (ISC), which represents more than 1,200 schools and half a million students, opposed to how the Commission assesses the public interest.

was decided to take the commission to court and obtained a judicial review last year.

The CAI argues that the Commission had exceeded its authority under the Act charities and has been too narrow in its assessment of whether private schools offer adequate public benefits.

Commission guidelines overemphasize scholarships to poor students, which could mean schools have to raise rates, the ISC said. Shared facilities and partnerships with local public schools have not been taken into account when assessing the public interest, he argues.

welfare state is thought to bring private schools tax benefits worth over 100 million pounds per year. However, private schools say they spend at least £ 260 million in scholarships.

"old approach of the Commission, now discredited by the court, had the effect of reducing the public service of independent schools to a rough calculation of fees and scholarships," he said.

"The court recognized the independence of the critical school to pursue a range of strategies for the public good, without the fear of not measuring up to an artificial reference point arithmetic. We have never sought to challenge the importance of scholarship, but quite the contrary. We are proud of the most important financial contributions to independent schools do to increase access and participation through scholarships "

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