(For Now) Tuition Fees do not breach Human Rights or Equality Laws (High Court Rules) by M.Bismillah

Callum Hurley and Katy Moore both aged 17 have lost their battle in High Court against the high financial snag preventing the two and I am sure many others from going to University. Lawyers for the claimants alleged that allowing universities to charge students up to £9,000 a year contravenes human rights and equality legislation. Even though Tessa Gregory representing the two teenagers was disappointed with the outcome, she was pleased with the courts criticisms of the government’s failure over its equality duties. Lord Justice Elias and Mr Justice

King said that while the Government did not fully comply with all public sector equality duties in devising its policy on tuition fees, the breach was not enough to justify quashing the policy altogether. Was the outcome of this case based wholly on equality and Human rights? Or must we turn to the third limb of the tripartite test? With the case only in High Court and no indications by the claimants whether they would like to appeal, the doctrine of Stare Decisis tells us that High Court only binds lower courts and it is not bound by itself. With equality and Human rights issues in dispute it is unlikely a similar claim will be brought before a lower court, therefore this decision has no perspective substance. However should Callum and Katy decide to appeal to a higher authority, which reverses the High Court’s decision then the floodgates of litigation will undesirably be opened potentially to every perspective university student facing difficulty overcoming the same grave hurdles as Callum and Katy. This is where the third limb of the tripartite test, used in finding a duty of care and is engaged to prevent the floodgates opening. With such pessimism in the air and no optimism it seems likely that the number of University applications for 2012 will fluctuate. This has already been confirmed by UCAS. UCAS? Yes the organisation that charges you £20 for…….? In the year 2012 it would not be odd to have a job alongside your studies. A job helps build ones experience and increases job prospects after graduation. Furthermore as student finance do a rather brilliant but according to Ashvin Bungchee “slow” job in ensuring that the applicant’s tuition fee is paid to their chosen institution, what do you have to worry about? Coming back to our earlier point, as it is common for employment to run parallel with studies it is imperative for Universities of the 21st century to take this factor on board and implement on it. BPP University allows all its students to listen to all live lectures online therefore every student has the reassurance of being able to access every lecture as many times as they wish if the student has the misfortune of missing any. I for one know how hard it can be for students at University now, in comparison to 20 years ago, but remember as the three times Olympic Champion Gail Devers says “Keep your dreams alive. Understand to achieve anything requires faith and belief in yourself, vision, hard work, determination, and dedication. Remember all things are possible for those who believe.”