4th November 2011 9:00
By Blue Tutors
In a landmark case this week, two 17 year olds have brought a case to the high court challenging the government’s decision to allow universities to charge up to £9000 in tuition fees. Lawyers for Katy Moore and Callum Hurley will argue that the decision to raise fees contravenes human rights and equality legislation.
The case, which is being paid for through legal aid and pro bono work, will be fought by Sam Jacobs, who is expected to argue that the raise in fees is in breach of the right to education protected by the 1998 human rights act. Whilst the act does not guarantee free higher education, it does place limits on measures to curb access to higher education, which, Mr Jacobs will argue, the government’s measures constitute.
The teenagers will also argue that the government failed to make the necessary considerations as to how the measures would affect equal opportunities as required under the race relations, sex discrimination and disability discrimination acts. They will ask the court to consider that that female, disabled and ethnic minority graduates earn considerably less over their lifetimes, and will disproportionately be affected by the raise in fees.
The students bringing the case have both been actively involved in the student demonstrations over the rise in fees, and are representing the thousands of students from poor and minority backgrounds who will be adversely affected by the introduction of higher fees.