Britain’s leading public schools have rejected as unworkable regulations that would force them to open their doors to pupils from poor families.

The Charity Commission will publish guidance this week on what the nation’s 2,500 private schools must do to satisfy new laws requiring that they prove their “public benefit” in order to retain their charitable status, worth £100 million in tax breaks each year.

In submissions to the commission, seen by The Times, some of Britain’s best-known independent schools said that draft proposals issued last year insisting that poor students “must be able to benefit” from private schools would place an unfair burden on fee-paying parents and could threaten the existence of many schools.

Jonathan Shephard, the chief executive of the Independent Schools Council, saidit had managed to force “substantial changes” in the guidance.

Eton College accused the commission of employing “flawed reasoning” in arguing that the relief on public funds that independent schools provide by educating children for whom the State would otherwise have to pay provided proportionately less benefit to poor families, who pay less tax.

Andrew Wynn, the bursar of Eton, wrote: “We would not seek to argue that relief of public funds is enough on its own, but we would argue that such relief is a significant matter - many of our parents are very conscious of paying twice – and is not something that should become underrated on the basis of flawed reasoning.”

Rugby School, whose annual fees for boarders are £24,915, accused the commission of deliberately creating difficulties for independent schools. Gary Lydiatt, its bursar, wrote: “As drafted, the guidance suggests that without addressing the provision of services to individuals on low incomes, the public benefit test would not be met. While this is not an issue for Rugby, it could cause significant problems for other schools.

“It is essential to accept that most independent schools have to charge for the services that they provide. Unless independent schools are able to do this, it is inevitable that many will close and the benefits that they provide will be lost.”

Harrow School accused the commission of misinterpreting charity law. Nick Shryane, its bursar, wrote: “The phrase ‘must be able to benefit’ should be replaced with ‘must not be excluded from benefiting’.

“Those schools which are able to do so will be able to give direct access through bursaries to the children of families who cannot afford fees. But not all schools are well funded or able to offer bursaries.”

Dame Suzi Leather, the commission’s chairwoman, said in August that she would be prepared to take legal action against schools that refused to widen access.

“It’s going to be a difficult and contested territory,” she said.

Cost of living in

£26,490 Annual fee for a boarder at Eton

£26,445 . . . at Harrow

£25,845 . . . and at Cheltenham College

Sources: Eton, Harrow, Cheltenham College

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