Students begin further legal action after UCL case settled

A group representing university students affected by disruption to teaching during the pandemic is planning to begin legal action against 36 more universities, having recently reached a settlement with UCL.

The London-based university confirmed on 13 February that it had agreed to settle with current and former students suing the institution over changes to teaching during the pandemic, but did not disclose how much it had paid out to claimants. Students involved in the case have previously called for compensation payments of £5,000 each.

The students alleged that the institution had breached its contract with them between 2018 and 2022 when classes were cancelled or moved online and access to facilities were restricted. 

In a statement, UCL said it admitted no liability but agreed to settle “so the matter could be resolved amicably and without further expense, which would have meant diverting valuable resources away from teaching, research, and supporting our students”.

"We recognise that the Covid years were incredibly difficult for students,” said Michael Spence, UCL president and provost. 

“Throughout this period our priority was clear: to support students, protect their wellbeing, and maintain a high quality academic experience in unprecedented circumstances.”

Over 170,000 other students are still pursuing legal action against 36 universities for changes to teaching during the pandemic through Student Group Claim.

The other institutions involved include the universities of Bristol, Manchester, Liverpool; Newcastle and Cardiff universities; and King's College London and the London School of Economics.

Student Group Claim said it planned to move forward with action against the other institutions following the UCL case and had sent each of them a pre-action letter with information about the proposed claim.

Claims relating to the 2020-21 academic year, one of those worst affected by Covid, will begin to expire under the Limitation Act from September 2026. 

The group argues that fees for online courses are typically 25 to 50 per cent less than for in-person classes. 

“Universities should have paid that difference in value to students as compensation during the pandemic, but without exception, despite students’ complaints, petitions and pleas, they refused to do so,” Student Group Claim wrote in a statement. 

Although there are typically clauses in standard university contracts that institutions claim entitle them to charge full fees even if they did not provide in-person teaching, the group argues this is a breach of the Consumer Rights Act.

If successful, the bill for universities could be significant at a time of existing financial strain for many. 

“UK undergraduates at university during the pandemic borrowed money at ridiculous interest rates to fund courses which were ruined by online teaching and closed facilities,” said Shimon Goldwater, partner at Asserson solicitors, one of the firms representing the students involved in these cases, including those from UCL.  

“Student Group Claim is helping students challenge universities to do what they should have done during covid: pay students compensation for not providing them with the in-person teaching for which they paid.”

Goldwater said he was “pleased” that his clients had reached a settlement with UCL. “Student Group Claim will now turn its attention to claimants who attended other universities during the pandemic.”

Spence added: “UCL has never disputed the principle that individuals may seek legal remedies. 

“Throughout the pandemic we provided clear routes for students to seek redress, and many secured compensation through those established processes. This resolution enables us to focus on our core mission of delivering world-leading research and education."

helen.packer@timeshighereducation.com