And so it begins...Last Sunday's Observer describes a scheme by the Scottish Charity Regulator to examine the public benefit provided by charities North of the Border.
This comes at a difficult time for independent schools. South of the border there is similar uncertainty following new legislation last month that will mean all UK charities (which include over 80 per cent of the country's 2,500 private schools) must now prove they provide sufficient benefit to the public to warrant the tax breaks they enjoy. For the schools, the breaks amount to about £100m year, mainly through rates relief.
It will be High School of Dundee that stands as the institution that will test out Scottish legislation on charitable status. But before we start to worry unduly, it appears that there will be some division between the regions. Perhaps devolution will have proved a benefit to some...
With Schools like St. Paul's, Winchester & Eton laying foundations for the future where "widening access" will be a reality, then, of course, the future management of Independent Schools encourages us to look at this concept in an even broader sense.Unlike the Scottish legislation, the recently passed Charities Act 2006 in England and Wales makes no mention of fees; in fact, it leaves the term 'public benefit' undefined...according to some lawyers this means that all private schools need do is show they save the Exchequer money (which they do - about £2bn a year by educating over 600,000 pupils) and provide a service above that offered by the state (such as smaller class sizes or extra facilities).
With the advent of Every Child Matters in the Maintained Sector, we are certainly well placed to jump what Lord Sudbury calls "an extraordinarily low hurdle". But then, legislation in England does not include a review of fees when considering the public benefit of Independent Schools.
