This issue has resurfaced following the Department for Education's decision to start a public consultation. The consultation document proposes "stronger, more demanding requirements for independent schools to retain the benefits associated with charitable status; this could include offering bursaries to those less able to afford them or sponsoring schools in the state sector." 

The question has hit the courts before - in 2011 the Upper Tribunal decided that parts of the Charity Commission Guidance were either wrong in law or ambiguous and confusing and should be corrected. 

Has a new chapter now begun?