Two weeks after a High Court hearing over the government’s decision to impose VAT on private school fees ended the parties were called back to court to decide on an issue of parliamentary privilege.

As of 1 January, private school fees in the UK, including tuition and boarding, have been subject to 20% VAT, a change announced by chancellor, Rachel Reeves, in the Autumn Budget.

But the move was challenged by The Independent Schools Council, the parents of children with special educational needs (SEN), and those who operate faith schools, who claimed it was in breach of the European Convention on Human Rights Article 2 of the First Protocol (A2P1), which protects the right to education.

A trial began at the High Court on 1 April and lasted for three days, with a judgement expected to be delivered after the Easter holidays.

But the claimants and the Government’s lawyers were this week called back for an additional hearing, believed to be linked to the ‘last-minute objections’ by the Speaker of the House of Commons concerning the claimants’ use of the National Audit Office report.

The hearing took place on Monday in front of Lord Justice Newey and Mr Justice Chamberlain.