UK universities launch judicial review over weekend student loan changes

Bath Spa, Buckinghamshire New, Leeds Trinity, London Metropolitan, and Southampton Solent are challenging Department for Education and Student Loans Company decisions affecting more than 30,000 students on in-person weekend courses.

London Metropolitan University is one of five UK universities challenging Department for Education and Student Loans Company decisions affecting students on in-person weekend courses

Five UK universities have issued an application for judicial review against the Department for Education and the Student Loans Company over decisions affecting more than 30,000 students studying on in-person weekend courses.

Bath Spa University, Buckinghamshire New University, Leeds Trinity University, London Metropolitan University, and Southampton Solent University are challenging the removal of access to maintenance loans and targeted, means-tested grants for students studying in person at weekends.

The legal action also challenges the classification of in-person weekend study as "distance learning" for the purposes of student support eligibility.

More than 30,000 students are caught up in the dispute, including learners who attend classroom-based weekend courses while working or caring for family members. The universities say the decisions have led to delayed payments, course transfers, uncertainty over future support, and questions over whether targeted grants could be recovered.

The universities say they remain committed to resolving the issue with the Department for Education, the Student Loans Company, and regulators, particularly ahead of the Lifelong Learning Entitlement, which is intended to expand flexible higher education participation.

Universities challenge weekend study classification

Professor Georgina Andrews, Vice-Chancellor of Bath Spa University, says: "These students are not distance learners in any meaningful sense. Many spend significant time in the classroom, in person, with their tutors and peers. They are balancing serious academic commitment with work and family responsibilities, often reducing their hours and their income to keep studying. These are exactly the learners the government says it wants to reach through its skills agenda and the Lifelong Learning Entitlement. To classify them as distance learners and deny them the financial support that makes study possible, sends the opposite message."

The universities say they have consistently acted in good faith and in accordance with their legal and regulatory obligations, seeking to follow and apply guidance issued to them.

The institutions welcome the decision to pause some recovery activity and move repayment arrangements for loans into the normal income-contingent repayment system. They also note that some maintenance loan payments are beginning to be made to students who have transferred from weekend to weekday study, although the universities say those payments are being made weeks later than anticipated.

Students and graduates are still facing uncertainty over the potential recovery of grants. The universities say some students have also been required to move to weekday-attendance courses to preserve eligibility for maintenance support.

Professor James Knowles, Vice-Chancellor of Southampton Solent University, says: "Universities do not determine student finance eligibility. Institutions have always worked within the guidance provided to them by the SLC, and all universities, including Southampton Solent, take their governance, compliance, and legal responsibilities extremely seriously.

"We want to see a positive resolution to the current situation, ensuring that students aren’t left waiting for an outcome that negatively impacts their studies and career opportunities."

Student hardship and grant recovery remain unresolved

The universities are calling for urgent information for students whom the Department for Education says must wait until September for clarity on whether targeted grants will be clawed back.

Professor Damien Page, Vice-Chancellor of Buckinghamshire New University, says: "The steps taken have eased some anxiety, but we must not forget the individuals and families who rely on grants to support their studies around paid work. We’ve ramped up hardship support to help our students cope but the fact remains that many people continue to face significant uncertainty. The government is encouraging people to boost their skills through flexible access to education and must now ensure this endeavour is backed up in reality."

The Education Select Committee has also submitted detailed questions to the Department for Education, the Student Loans Company, and the Office for Students on the handling of the matter and the impact on students.

The committee’s correspondence raises questions about which body determined that students on weekend-only provision were incorrectly recorded as "in-attendance", when that decision was made, and why an issue the Student Loans Company said had existed in regulations since 2011 was not identified sooner.

The committee has also asked about hardship, the risk that affected students may leave courses early, the impact on providers with non-standard delivery models, and whether the regulatory framework for course intensity, mode of delivery, and maintenance entitlement has been clear and consistent.

Flexible learning policy faces legal test

The universities say the dispute raises questions about whether the UK student finance system is ready for the Lifelong Learning Entitlement and more flexible study patterns.

Professor Julie Hall, Vice-Chancellor of London Metropolitan University, says: "The Student Loans Company is being required to implement decisions at extraordinary pace, often without the operational capacity or systems flexibility required. There has been a clear lack of coherent planning and coordination from the Department for Education, and the consequences have fallen heavily on students."

Professor Charles Egbu, Vice-Chancellor of Leeds Trinity University, says: "In-person weekend study should not be treated as equivalent to distance learning simply because it takes place on Saturdays and Sundays rather than weekdays. That distinction is irrational, outdated and inconsistent with the direction of travel towards flexible lifelong learning."

Professor Andrews concludes: "Universities across the sector have invested heavily in hardship support, pastoral care and practical assistance for students affected by these decisions. Our focus remains on protecting students while seeking urgent clarity and a sustainable resolution for the future."

The judicial review application has now been issued against the Department for Education and the Student Loans Company. The universities say their immediate priority is supporting affected students and minimizing further disruption while they seek clarity on student support, grant recovery, and weekend-course eligibility.