English universities challenging a government decision to prevent weekend-only students from receiving maintenance loans have lost their case at the High Court.

A judge has sided with the government and ruled that weekend-only courses are classified as a form of distance learning, meaning that while learners will be able to access tuition fee loans to cover course costs, they will not be able to receive student finance to pay for the cost of living.

Earlier this year, the Student Loans Company (SLC) halted maintenance loans and childcare grants to 22,000 students on weekend-only courses, who were told that they would have to immediately begin paying back their loan, despite not having finished their studies.

Five universities – Bath Spa University, Buckinghamshire New University, Leeds Trinity University, London Metropolitan University and Southampton Solent University – had launched a judicial review against the secretary of state for education, as well as the Department for Education and the SLC over the dispute, but have now been told they were unsuccessful in their claim. 

ߣߣ��Ƶ

Many of the courses involved were delivered by smaller private colleges under a franchise agreement with universities that award degrees.

Megan Rogers, associate at legal firm Browne Jacobson, described the case as “deceptively complex”, but said the judge had found that “course providers had incorrectly submitted student details” by not marking students as distance learners.

ߣߣ��Ƶ

“By reaffirming the regulations that govern what constitutes distance learning, this judgment should provide clarity in future for weekend-only course providers and students alike.”

By the time the case was heard in the High Court, the government partially reversed its position and said students would be able to repay their loans through normal processes, but said any future students beginning weekend courses would not be eligible for funding. 

The five universities confirmed in a joint statement that their review had been “unsuccessful”.

A spokesperson said that they welcomed the secretary of state’s decision to continue to allow current students to receive their maintenance loans and that targeted grants will not be recovered from affected students. 

ߣߣ��Ƶ

“Prior to the judgment, the Department for Education announced a review of the relevant regulations and guidance, and we welcome the opportunity to participate positively and constructively in that process to support the government’s ambitions in relation to skills development and lifelong learning.

“The universities’ priority throughout has been to ensure fair and consistent support for students including providing hardship funding, wellbeing support, academic guidance and revised timetabling arrangements where possible,” they said. 

juliette.rowsell@timeshighereducation.com