High Court rules government acted lawfully in raising fees

February 22, 2012
Alex Osborne

Two teenagers have failed in their attempt to sue the government for raising tuition fees to £9,000 a year.
Lord Justice Elias of the High Court judged on Friday that the decision was “the subject of an appropriate analysis”. The Lord Justice also cited the administrative chaos overturning the proposal at this point would cause, as a further reason to uphold the law.

The teenagers, Katy Moore and Callum Hurley, sued the government on the grounds that their decision to increase fees breached human rights and equality legislation.

Hurley and Moore argued the higher fees would discourage less wealthy students from applying to university, and also discriminated against ethnic minority students.

Their lawyers put forward the point that the government’s actions went against the 1998 Human Rights Act, which sets out a right to education as well as equality of opportunity for all people.

Lord Justice Elias did concede that the government “failed fully to carry out [their] public sector equality duties” in the process of raising the fees. The teenagers’ lawyers seized upon this statement to claim a victory for their clients.

They highlighted how the case brought to the forefront the flaws of the “rushed reforms” implemented by the government, and claimed the Court’s findings “cannot but reflect badly” on the Coalition.

Moore reiterated this point by stating that she was “very pleased” with the outcome of the case; she optimistically stated, “for the court to recognise that the government’s actions were unlawful is a great achievement.”

A government spokesperson for the Department for Business, Innovation and Skills commented that they were “pleased” with the Court’s ruling. They noted how the Court had recognised the “extensive debate” they had engaged in.

The Department also welcomed the news as it confirms the fee rise will go ahead, which will allow students to plan for the next academic year.

While the case is closed, the debate over fees continues. NUS president Liam Burns remarked that “the highest court in the land has pointedly not given the government a clean bill of health.”
Both Hurley and Moore still hope to go to university.

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