Let us Learn briefing

Transcription

1 Let us Learn briefing Just for Kids Law is an award-winning charity, which helps young people who are in need of support and advice, or legal representation. Often, these will be teenagers with difficulty achieving their potential in life. However, in 2012, we started being approached for help in greater numbers by young people who were often among the highest achieving and most ambitious. Among those who have turned to Just for Kids Law for help are: Chrisann, head girl and star of Clapton Girls Academy debating team, who had been offered a place to read law at the London School of Economics; Leon* who, with three grade-a, A-levels under his belt, has been offered an unconditional place by Imperial College in London; Anjula*, who with three predicted A grades, should have been well placed to study psychology, in order to achieve her ambition of becoming a child psychologist. Yemisi*, who achieved four A grades at AS level, and has offers to study chemical engineering at three Russell Group universities. * names have been changed.

2 All of these bright, motivated and ambitious teenagers first came to us after discovering that they are blocked from taking up their hard-earned university places, because of a little noticed change in legislation introduced in 2011 tightening the criteria for access to the government s student finance scheme. Three of the young people who contacted us all attended the same flagship inner city academy, which prides itself on achieving exceptional academic results and getting its students into top universities. Many had overcome straitened family circumstances to excel at school. For example, another of the young people we are working with was trafficked to the UK age 7, and was homeless before being taken in by another family. Her teacher says of her: 'Over the past few years she has experienced more turmoil and upset than most of us will experience in a lifetime, and could have easily given up. Her determination not to complain and to achieve to the best of her ability demonstrates the type of person she is. She achieved four A grades at AS Level last summer, making her one of the top performing students in the country, having followed our advice that while she faced many problems she could do nothing about, getting the best education possible would set her up for the rest of her life. She took this advice but now finds herself in a position where she is unable to fulfil her incredible potential by going to university.' Student finance and immigration status In 2011, the government tightened the regulations governing its student loan scheme 1, which means many children who are lawfully resident in the UK, having been granted either discretionary leave to remain (DLR), or limited leave to remain (LLR), are no longer eligible to apply, and so have no way of funding their studies. Before 2011, students with DLR or LLR could access loans in the same way as anyone else 2. These students are now barred from the government s finance scheme, regardless of how long they have been in the UK (we know of many who have lived here more than half their lives), or the fact that they have done most or all of their schooling here. There are no exceptions to take into account the strength of a pupil s connection to the UK, the likelihood of their continuing to live in the UK after their studies; or their ability to find other sources of funding. Under the rule change, they will only be eligible for student finance when, and if, they progress to indefinite leave to remain (ILR), a process which usually takes a minimum of 10 years for someone with DLR. This means the likes of 1 The Education (Student Fees, Award and Support)(Amendment) Regulations 2011, now superseded by the Education (Student Support) Regulations Education Student Support Regulations 2009 provided that a person with leave to enter or remain was eligible. Case law (R(Arogundade) v SSBIS [2012] EWHC 2502 (Admin)) then clarified that persons with DLR fell within that definition.

3 Leon, Anjula and Yemisi would be nearly 28 before they would qualify for a student loan and be able to achieve their dream of going to university. Overseas fees In September 2012, the level of tuition fees universities are allowed to charge home students was increased to a maximum of 9,000 a year a figure which would put studying for a degree beyond the reach of many young people who can t access student finance, in any case. However, since 2007, universities have been allowed to charge students with LLR or DLR the same fees as overseas students 3, which are considerably higher. For some of the young people we are working with this could be as much as 26,000 three times the amount charged to a home student. Leon has had to defer taking up his place at Imperial while he tries to work out how he can pay the 26,000 a year fees for the course. He is currently working as a teaching assistant at his old school, and gives private tuition, but has no hope of saving enough to cover the fees, let alone living expense on top. As someone who has lived in the UK most of his life, Leon had no idea he would be treated differently because of his immigration status. To have a place at my dream university and not be able to attend is so disheartening. To not be able to attend university at all would be far worse. I would just feel like a failure. This was also true of Chrisann. Having been accepted at LSE, she faced the impossible hurdle of 21,000 a year tuition fees. She witnessed all her friends going to university and felt she was left behind. After being contacted by Just for Kids Law, LSE agreed to offer her a scholarship, and she has since been able to take up her place, a year later. Without this scholarship, she would not be at university now, and have no prospect of achieving her ambition of becoming a lawyer. See link: /ChrisannJarett.aspx Lack of awareness One reason for launching the Let us Learn campaign was because of the low level of awareness of the problems facing students with LLR or DLR, among young people themselves, but also schools, universities, and local authorities. For example, Leanda* was told by her local authority that, once she had secured DLR, she would qualify for student finance. When she took up her 3 While some universities exercise discretion to charge home fees to students with LLR or DLR, under The Education (Fees and Awards) (England) Regulations 2007 they are entitled to charge them overseas rates. The regulations set out who qualifies for home and international fees. The former must have been lawfully and ordinarily resident for three years and have settled status. Settled status normally means to have indefinite leave to remain (ILR), refugee status or humanitarian protection. By contrast, EU students qualify for home fees, without having to meet the three years ordinary residence criteria.

4 university place, she discovered she had been wrongly advised, and was forced to leave her course after 10 days. Despite explaining the circumstances, the university has so far refused to waive the 2,250 fee Leanda is legally liable to pay. Leanda is now working at a bakery to pay off the debt she has already racked up. She says: I feel as if my intelligence is going to waste, and I have been struggling in ways that I never thought possible. The problem I have faced is that it has been unexpected and, if I had known about this before, I could have been better prepared. As things stand and having already incurred a debt, the prospects of her being able to afford to study for a degree are remoter than ever. Legal challenge The bar on DLR students accessing student finance is the subject of a legal challenge: the Supreme Court has granted permission to appeal in the case of R (Tigere) v Sec State for Business Innovation and Skills. The current regulations have been challenged on the basis that the system is discriminatory, and the court is being asked to consider whether they constitute a disproportionate interference with a young person s right to education, as set out in the European Convention on Human Rights. The European Court of Human Rights has previously stated: In a modern society, having no more than basic knowledge and skills constitutes a barrier to successful personal and professional development. It prevents the persons concerned from adjusting to their environment and entails far-reaching consequences for their social and economic well-being. Just for Kids Law thinks this is a matter of such great importance that we are preparing an application to intervene in the Tigere case. Benefits of university education The Department for Business Innovation & Skills has identified a raft of individual, financial and societal benefits associated with higher education. In August 2013, it concluded: The private benefit of a degree, in terms of lifetime earnings net of tax and loan repayments, is large - in the order of 168k ( 252k) for men (women) on average. The social benefit to the government is also large, of the order of 264k ( 318k) from men (women) graduates - far in excess of likely exchequer costs. Other benefits cited by BIS range from greater social cohesion, less crime, and increased tax revenues; to graduates having better mental health, being less likely to smoke and drink excessively, and having greater life satisfaction, as well more obvious benefits such as higher earnings.

5 All of these benefits are not just being denied to DLR students themselves, but to UK society, more generally, by the current policy on student finance. Ends For more information contact Just for Kids Law T: For press/media enquiries Please contact: Caroline O Dwyer or Fiona Bawdon on T: or M: or CarolineO Dwyer@justforkidslaw.org or FionaBawdon@justforkidslaw.org