 Jeevan Vasagar, education editor, 24 June 2011
Two sixth formers have been granted permission to challenge the lawfulness of the government's decision to let universities triple tuition fees.
A high court judge ruled that their case should receive a judicial review, which is expected to take place in October.
The two sixth form students, Callum Hurley and Katy Moore, argued that the decision to lift the cap on fees contravened human rights legislation.
The hearing is due to take place in October. Two-thirds of English universities are proposing to charge the maximum fee of £9,000 a year from 2012.
Phil Shiner of Public Interest Lawyers, who is representing the students, said: "This is a major breakthrough and my clients now get a full hearing of their case which affects the next generations of students from less well-off backgrounds. This case challenges the government's bare-faced agenda to make our society one based on elitism and wealth."
The claim was lodged at the high court in March. The students' lawyers said it was brought on two grounds.
The pair argue that the rise in fees is in breach of the right to education protected in the Human Rights Act 1998. That right does not guarantee free higher education, but it does place limitations on steps that limit access to higher education, the pair's lawyers say.
They also say that the government failed to give "due regard" to promoting equality of opportunity as required under the Race Relations, Sex Discrimination and Disability Discrimination Acts.
Hurley, from Peterborough, said: "I'm delighted at the decision of the judge to grant us a hearing. It is such an important issue that will affect thousands of people and hinder the chances of poorer students who want to go to university.
Moore, from London, said: "I think it's great that we've been allowed a hearing in court. It's vital that we stand up for our generation and fight the government's decision to almost triple university tuition fees. We students are being let down by the government, as these changes to university fees will cause many bright and talented students from poorer backgrounds to be put off going to university due to the thought of thousands and thousands of pounds of debt.
"The government should be taking progressive measures to encourage more young people from state schools to go on to higher education, not making it more difficult for us to achieve the futures we want to achieve."
Students do not have to pay tuition fees upfront, but can borrow the money from government in the form of a student loan. They do not have to start paying this back until they graduate and are earning more than £21,000 a year, repaying 9% of their income above this threshold.
Proposals to charge more than £6,000 a year are being vetted by the government's Office for Fair Access, which will announce next month which ones have been approved.
|
