Is the Scottish University Funding System Lawful?

Scotland’s university funding system is being challenged by a human rights lawyer, who claims that the system breaches the European Convention on Human Rights.

The lawyer, Phil Shiner is citing the fact that Scottish universities charge students from other parts of the UK to study in Scotland. There are approximately 22,000 English students who pay tuition fees, however Scottish and EU students have escaped this hefty charge. The Scottish government defends its policy and insists it is acting within the law.

The human rights lawyer is currently representing two students who have been given full judicial review to challenge the tuition fee increase at English universities.

From next year, English students will face tuition fees of up to £9,000 per year and it is anticipated that his legal team will argue that the increase will discriminate against poorer students and those from ethnic minorities.

Mr Shiner is also due to take on the Scottish tuition fee structure with the argument that ministers in Scotland had “misinterpreted the law” and that not only does it breach the European Convention on Human Rights, but it may also breach Britain’s Equality Act.

Scottish government claim that they are “clear that the proposals set out are lawful”.

A spokeswoman for the Scottish Parliament also added that in an ideal world, no students would pay fees and that the main priority for the Scottish Parliament has to be protecting opportunities for Scottish students to study at Scottish institutions.

Scottish students studying in England, where fees will rise to £9,000 per year, will continue to receive financial support from the Scottish government in form of brusaries and loans. Originally the UK government said that the £9,000 per year fee should be set only in exceptional cases, however two thirds of universities have indicated that they want to charge students that amount for all or some courses.

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