News & Views item - November 2011

 

 

UK Teenagers Bring High Court Challenge Against University Tuition Increases. (November 2, 2011)

Callum Hurley,studying for a BTec in software and Katy Moore, studying for A-levels at an academy school in south London, both 17, argue that the the UK coalition government's decision to raise fees up to £9,000 a year from next autumn contravenes human rights and equality legislation.

 

The two 17-year olds have begun a case in the High Court of England and Wales which is expected to last two days. Costs are being borne through legal aid and pro bono work.

 

The grounds to be argued before the court are that the rise in fees is in breach of the right to education protected in the Human Rights Act 1998. And while that right does not guarantee free higher education, it does place curbs on steps that limit access to higher education, and in addition the government failed to give "due regard" to promoting equality of opportunity as required under the Race Relations, Sex Discrimination and Disability Discrimination Acts.

 

Legal representation for the two girls is expected to argue in part that females, disabled people and ethnic minority graduates tend to earn less over their lifetime than male, non-disabled, white graduates.

 

Mr Justice King and Lord Justice Elias, are hearing the case, and they are being urged to come to a conclusion within weeks because thousands of students have already started applying for university places for next autumn.

 

The fact that statistics released last month show that university applications for the coming academic year show a near 12% drop in the number of UK-born candidates compared to 2010 is being attributed to the trebling of fees.

 

Katy Moore told the Guardian her peers were confused about how much they would pay in tuition fees once they graduated. "This makes it difficult to decide what to do about our futures", while Callum Hurley said the government was ignoring protests: "Taking legal action will achieve much more."

 

 

November 3, 2011:

 

The Evening Telegraph (November 2) reports:

 

[Callum] Hurley and his fellow campaigner, Katy Moore (17), from south-west London, were represented in the High Court by Helen Moutfield QC yesterday in a bid to overturn the decision.

Ms Mountfield said: “These fees amount to a barrier to effective access to the higher educational institutions which exist in this country.

“The UK has one of the least equal societies among OECD (Organisation for Economic Co-operation and Development) countries.

“It is hard to think of any public function in relation to which the importance of the statutory need to promote equality of opportunity is greater than in the field of access to education.”

She went on to claim the income gap between rich and poor had widened in the last 30 years, something many fear could increase even more if tuition fees are raised.

Lawyers for the Department for Business, Innovation and Skills will today argue the regulations authorising the increase are not unlawful.