Sophie Kemp

Who? Sophie Kemp, partner and head of public law, Kingsley Napley.

Why is she in the news? The firm is advising the Independent Schools Council, an umbrella body for seven associations representing independent schools, on potential legal action over the government’s decision to impose VAT on private school fees.

Thoughts on the case: ‘Education has never before been subject to VAT in the UK and the removal of the exemption for private schools is set to have a major impact. Contrary to stereotypes, the independent sector is made up of a diverse range of schools, catering for many families who have not had their needs met in the state sector, some of whom need specialist provision for complex special educational needs, faith-based, bilingual, single sex, or other specialist education. Parents and families contacting us and the ISC are worried about what to do. The speed of the introduction of the tax is placing children in difficulties halfway through the school year, and it is very disruptive. The imposition of VAT is a blunt instrument which cuts across Article 2 of the First Protocol of the European Convention on Human Rights, which guarantees access to education, and Article 14, which protects against arbitrary discrimination in the enjoyment of the right to education.’

Dealing with the media: ‘There is significant interest in the case. People feel strongly and are worried about taxing education, with many concerned about the extra costs. The same people are also concerned about the underfunding and needs of state schools and their pupils. It is important to avoid polarising the debate and the media play a very important role. When running a case like this, two things are important. First, ensuring that legal issues are easy to understand and are accessible. Second, to be respectful of different points of view and to really listen to them.’

Why become a lawyer? ‘I was on work experience at my local newspaper and spent a day with the court reporter. It opened up a whole new world and I knew immediately that I wanted to be part of it.’

Career high: ‘Leading Kingsley Napley’s very talented public law team this year.’

Career low: ‘When I was a pupil barrister, I represented a vulnerable and desperate teenage boy in local authority care who was charged with various low-level criminal offences. Rather than take responsibility for the boy and his care, I was stunned to be told the local authority was applying for an anti-social behaviour order to keep him under control. It was public body decision-making at its worst.’

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