Five universities begin Judicial Review proceedings against the Government

2 June 2026

NEWS RELEASE - Today, five universities have filed for Judicial Review proceedings against the Department for Education (DfE) and Student Loans Company (SLC) in relation to their decisions earlier this year which have affected more than 30,000 students studying on weekend courses.

The legal action taken by Bath Spa, Buckinghamshire New, Leeds Trinity, London Metropolitan and Southampton Solent Universities focuses on two central issues:

  1. The decision to remove access to maintenance loans and targeted, means-tested grants for students studying in-person at weekends; and
  2. The classification of in-person weekend study as “distance learning” for the purposes of student support eligibility.

Professor Georgina Andrews, Vice-Chancellor of Bath Spa University said:

"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 involved say they remain committed to resolving the matter constructively and in the best interests of current and future students, particularly as the Government prepares to introduce the Lifelong Learning Entitlement (LLE), which is intended to expand flexible modes of higher education participation.

Professor Andrews added:

“We have taken this step reluctantly. Our preference remains to sit around the table with the Department for Education, the Student Loans Company and regulators to find a workable and fair resolution that protects students and restores confidence in the system.

We all share the same objective: maintaining the integrity of the higher education sector while ensuring students are properly supported.”

The universities stressed that they have consistently acted in good faith and in accordance with their legal and regulatory obligations.

Professor James Knowles, Vice-Chancellor of Southampton Solent University said: “Universities do not determine student finance eligibility. Institutions have always worked within the guidance provided to them and have taken their governance, compliance and legal responsibilities extremely seriously.

“We want to see a positive outcome to this, which ensures that students do not have to unfairly pay back grants via an SLC system that is also creaking under the demand being placed on it by the DFE around this issue.”

The universities welcome the decisions to pause some recovery activity and move repayment arrangements into the normal income contingent repayment system. They also note that some maintenance loans payments are starting to be made, albeit weeks later than anticipated, to students who have transferred their studies from weekends only. However, students and graduates are still facing uncertainty about potential recovery of grants and continue to go through considerable upheaval to their lives by being required to transfer to weekday-attendance courses to preserve eligibility for maintenance support. The universities call for urgent information for those students whom the DfE says must wait until September for clarity around whether childcare grants will be clawed back.

Professor Damien Page, Vice-Chancellor of Buckinghamshire New University said “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 universities also expressed concern about the operational impact of the policy changes and the implementation process.

Professor Julie Hall, Vice-Chancellor of London Metropolitan University “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.”

The institutions warned that the issues exposed by the current dispute raise broader questions about the readiness of the student finance system for the introduction of the Lifelong Learning Entitlement and more flexible patterns of study.

Professor Charles Egbu, Vice-Chancellor of Leeds Trinity University “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.”

The universities reiterated that their immediate priority remains supporting affected students and minimising further disruption.

Professor Georgina Andrews, Vice-Chancellor of Bath Spa University “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.”

ENDS

The universities noted that the issue is now receiving wider parliamentary scrutiny. The Education Select Committee has submitted detailed questions to the Department for Education, the Student Loans Company and the Office for Students concerning the handling of the matter and the impact on students.

Relevant correspondence published by the Education Select Committee includes:

Background - In April of this year, more than 30,000 students were contacted by the Student Loans Company (SLC), to inform them that they were given maintenance loans and grants in error and would have to pay the money back. The students, who were all studying in person courses at the weekend, received communication from the SLC stating their courses were not eligible for maintenance loans or childcare grants.

22,000 students told to pay back 'mis-sold' maintenance loans - BBC News 

There was a partial u-turn from the Government when they announced that the affected loans will be repaid through the usual student finance route, and repayments on grants are paused until "at least" September.

'Huge relief' as students given loans 'in error' get repayment reprieve - BBC News