Teenagers fail in fees challenge
Friday 17 February 2012
Related articles
Two teenagers who want to go to university have failed in their High Court bid to overturn regulations introducing the coalition Government's proposed increase in tuition fees.
Lawyers for 17-year-olds Callum Hurley, from Peterborough, and Katy Moore, from Brixton, south London, argued that allowing universities to charge students up to £9,000 a year was unlawful.
Today Lord Justice Elias and Mr Justice King, sitting in London, ruled that Business Secretary Vince Cable had failed "fully to carry out" his public sector equality duties before implementing the regulations.
But the judges said it would "not be appropriate" to quash the regulations because there had been "very substantial compliance".
Katy is studying biology, chemistry, maths and history for her A-Levels at Lambeth Academy. She hopes to become a research scientist, exploring cells, diseases, new treatments and cures as a career.
Callum, from Orton Goldhay, Peterborough, attends Peterborough Regional College, where he is studying for a level 3 BTec in web development and wants to go to university to study IT.
It was argued on behalf of the teenagers that the fees increases would erect "a barrier" to higher education and threatened to widen the already large gap between rich and poor.
The judges were told that the case raised important equality issues, and the less well-off, the disabled and members of black minority ethnic groups would be particularly hit.
Tessa Gregory, of Public Interest Lawyers, which represented the teenagers, said they were "disappointed" that the court chose not to quash the regulations but pleased with the court's criticism of the Government's failure over its equality duties.
Ms Gregory said: "In its ruling the court made a clear declaration that the Government, when it passed the regulations increasing tuition fees, failed to comply with its public sector equality duties.
"It found the Government's analysis on equality issues was inadequate.
"That the court made this finding in relation to such a key plank of the Government's higher education policy cannot but reflect badly on these rushed reforms."
She added: "Whilst our clients, Callum Hurley and Katy Moore, are disappointed that the court chose not to quash the regulations, they are pleased with the recognition that the Government failed in its duties to properly think through the equality implications of its decision.
"The court accepted that some students would be discouraged from applying to higher education institutions because of increased fees but considered it too soon to tell whether the rise infees would discriminate against people from lower socio-economic groups.
"We continue to believe it will and intend to keep the emerging evidence of this under careful scrutiny.
"The Government has accepted that it must keep under review the impact of its measures and the court has stated that in doing so the Government must actively seek out evidence where none is available.
"Following the judgment, we will be pressing the Government to now perform its duties in a conscientious way and ensure that the impact of higher fees is properly and robustly analysed."
A spokesperson for the Department for Business, Innovation and Skills welcomed the court's decision, saying: "We are pleased the court rejected outright the suggestion that our student finance reforms breach students' human rights.
"The court recognised the consultation and analysis we carried out.
"It also recognised the extensive debate which took place, both inside and outside Parliament, on how those from disadvantaged backgrounds can be encouraged to enter higher education.
"Accordingly, the court has not agreed the claimants' request to quash the regulations, which set out tuition fee limits.
"This means that students and universities have the certainty to plan for the next academic year, and the Government's higher education policies remain the same."
PA
-
That's some guestlist! Stunning images show huge dynastic wedding between Ultra-Orthodox Jewish families which attracted 25,000 guests
-
Breaking: Soldier killed in Woolwich machete attack named as Drummer Lee Rigby
-
'Sickening, deluded and unforgivable': Horrific attack brings terror to London’s streets
-
World news in pictures
-
Ingrid Loyau-Kennett, the mother-of-two hailed as a hero for confronting Woolwich attackers, thought: 'better me than a child'
- 1 Breaking: Soldier killed in Woolwich machete attack named as Drummer Lee Rigby
- 2 'Sickening, deluded and unforgivable': Horrific attack brings terror to London’s streets
- 3 Grace Dent: I’m not sure how these people can avoid being called ‘bigots’. And the more ‘civilised’, the worse they are
- 4 Woolwich murder: They killed, then they performed - these men should be starved of our attention
- 5 Woolwich attack: The EDL will seek to exploit this evil crime for their own evil ends
Get your summer started with British Military Fitness
BMF is the UK’s biggest and best loved outdoor fitness classes
Visit York
Find out what The Independent's resident travel expert has to say about one of the most beautiful small cities in the world
Making reading fun for kids
Nook is donating eReaders to volunteers at high-need schools and participating in exclusive events throughout the campaign.
Introducing the 'Get Reading' campaign
Get the latest on The Evening Standard's campaign to get London's children reading.
Enter the latest Independent competitions
Win anything from gadgets to five-star holidays on our competitions and offers page.
Business videos from commercial thought leaders
Watch the best in the business world give their insights into the world of business.
Day In a Page
Edward VIII’s phone calls - and how MI5 bugged them
Hollywood's random acts of red-carpet kindness
Not secure any more: G4S boss heads for exit at last
How to say ‘I’m a sellout’






Comments