A spokesperson
for the Department for Business, Innovation and Skills said: “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.”
Notes to editors:
Applications to begin university this autumn – the first year of
the new student finance system – have held up well. UCAS figures
out last month showed the proportion of English school leavers
applying to university today is greater than ever before, barring
last year. It is encouraging that applications from people from
some of the most disadvantaged backgrounds remain strong, with
only a 0.2 per cent decrease, less than for other groups.
As the judgement handed down by the Court says:
· “…given the existence of the various measures which are
directed specifically at increasing university access to poorer
students, I do not think that at this stage it is sufficiently
clear that as a group they will be disadvantaged under the new
scheme.” (Paragraph 52)
· “I wholly reject Ms Mountfield’s contention that this was a
decision taken without proper consultation or analysis. That seems
to me to be a travesty of the true position … a central focus of
the debate was on how those from disadvantaged backgrounds could
be encouraged to enter higher education.” (Paragraph 61)
· “Various other proposals were considered and cogent reasons
were given for rejecting them. I do not think that in those
circumstances the court could properly find that the decision was
unjustified.” (Paragraph 65)
Public Sector Equality Duty
· “This was not legislation passed in a vacuum with no
appreciation of the likely effects on protected groups. If the
question were whether there had been adequate consultation about
the effects of the proposals on the lower socio-economic groups,
the only conceivable answer in my view would be that there had
been.” (Paragraph 90)
· “There is no basis whatsoever to suggest that the imposition of
fees at the proposed level will discriminate directly against any
of the protected groups.” (Paragraph 93)
· “The Secretary of State engaged fully with the implications for
the economically disadvantaged and therefore with the adverse
impact on minority groups… various measures have been adopted to
assist them. To that extent it is wrong for the claimants to say
that the Secretary of State did not focus on steps designed to
promote equality of opportunities.” (Paragraph 94)
· “…there has on any view been very substantial compliance with
these equality duties.” (Paragraph 95)
· “…for reasons I have given, there has been very substantial
compliance in fact, and an adequate analysis of implications on
protected groups of the fee structure itself, these considerations
reinforce my very clear conclusion that quashing the orders would
not be appropriate.” (Paragraph 99)
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