Universities file for judicial review over weekend student loans

A group of English universities has filed for judicial review against the Department for Education (DfE) and Student Loans Company (SLC) after the government removed access to maintenance loans for thousands of students on weekend courses.

Bath Spa, Buckinghamshire New, Leeds Trinity, London Metropolitan and Southampton Solent universities have moved ahead with legal action, asking the courts to review the government’s decision in February to remove access to maintenance loans and grants for about 30,000 students. 

These students were enrolled on weekend-only courses, which the government claimed were not eligible for the loans, despite the SLC having already paid out thousands. Students were told they would have to switch to weekday learning in order to continue receiving loans. 

The DfE classifies weekend-only courses as distance learning, regardless of where classes take place. The five universities have also requested a judicial review of this definition. 

“These students are not distance learners,” said Georgina Andrews, vice-chancellor of Bath Spa University. “They spend significant time in the classroom, in person, with their tutors and peers. They are balancing serious academic commitment with work and family responsibilities so they can keep studying, to improve their lives.”

The affected students were originally told they would have to begin repaying their loans and grants immediately, leaving many in distress about covering the costs while still studying. 

After a campaign by the National Union of Students, the government backtracked in April, saying students would instead be able to repay their maintenance loans under the terms they had originally agreed to. 

The repayment of childcare grants has been paused until September, but it is unclear what will happen after this point. 

A group of nine universities was originally planning to take legal action against the government, but only five are now taking part in the judicial review. 

“We have taken this step reluctantly,” said Andrews. “Our preference remains to sit around the table with the Department for Education, the Student Loans Company and regulators to find a workable and fair resolution that protects students and restores confidence in the system.

“We all share the same objective: maintaining the integrity of the higher education sector while ensuring students are properly supported.”

In a statement, the universities said they welcomed the decision to pause the repayments and said that, for students who have now switched to weekday courses, maintenance loan payments have resumed “albeit weeks later than anticipated”.

“However, students and graduates are still facing uncertainty about potential recovery of grants, and continue to go through considerable upheaval to their lives by being required to transfer to weekday-attendance courses to preserve eligibility for maintenance support,” the statement said. 

“The universities call for urgent information for those students whom the DfE says must wait until September for clarity around whether childcare grants will be clawed back.”  

Damien Page, vice-chancellor of Buckinghamshire New University, said the steps taken have “eased some anxiety but we must not forget the individuals and families who rely on grants to support their studies around paid work”. 

“We’ve ramped up hardship support to help our students cope but the fact remains that many people continue to face significant uncertainty,” he continued. “The government is encouraging people to boost their skills through flexible access to education and must now ensure this endeavour is backed up in reality.” 

Vice-chancellors pointed out that the incident raises doubts over whether the system is ready for the kind of more flexible learning the government is looking to encourage through the incoming lifelong learning entitlement. 

helen.packer@timeshighereducation.com