Universities launch legal case against DfE over weekend students

A group of nine UK universities are moving ahead with plans to take legal action against the government following its decision to withdraw maintenance funding from students enrolled on weekend-only courses.

The institutions have issued a pre-action protocol letter after approximately 22,000 students across 15 universities were told they would need to repay their maintenance loans and, in some cases, childcare grants. 

The Department for Education (DfE) accused universities of misclassifying these students, who were only studying at weekends. 

According to the government, weekend-only students are classified as on “distance learning” courses, regardless of whether they study on campus, and are therefore ineligible for maintenance loans.

However, universities claim that the definition of weekend-only students has been unclear. 

In a statement by the nine universities – only three of which are named – the institutions blamed “the failure of the Student Loans Company (SLC) to provide clear and consistent guidance, or to meaningfully engage with the sector”. 

“Taken with minimal notice, the move has caused serious financial distress for affected students and placed many at risk of being unable to continue their studies,” the statement reads. 

They said that the classification of in-person, timetabled weekend teaching as distance learning “defies common sense” and is inconsistent with Student Support Regulations that have been in use since 2011.

“Universities have followed and applied the SLC guidance on course classification for years and this recent shift in guidance from DFE and SLC has been implemented inconsistently and without meaningful engagement with the sector.”

Georgina Andrews, vice-chancellor of Bath Spa University, said: “The DfE and SLC state they want to prioritise the needs of students, but their actions have punished those who are the most vulnerable in our society who are trying to better their lives through education.

“It is indefensible that individuals are suffering for what is clearly a systemic failure by the SLC. Universities have been acting in good faith, following guidance provided by the SLC over several years.”

Julie Hall, vice-chancellor of London Metropolitan University, added that the decision “hits students from underrepresented and lower income backgrounds the hardest”. 

“Removing [the funding] so abruptly mid-semester risks forcing many to abandon their studies, undermining years of progress in widening participation and fair access to higher education.”

The formal legal letter, which is a precursor to court action, sets out the details of the dispute. The group said it would give the government and the SLC “the opportunity to settle the matter without the cost and publicity of court action”.

Education secretary Bridget Phillipson has previously said that the situation is “not students’ fault” and that the government “will always prioritise protecting students and safeguarding taxpayers’ money”. 

“Too many organisations have let their students down, through either incompetence or abuse of the system,” she said when the decision was first made. 

The SLC has previously said it is clear that “providers are responsible for ensuring that courses are classified correctly and that student-facing information must reflect accurate attendance requirements, including weekday attendance where this is a condition of maintenance support”.