Lawyers representing almost 1,000 current and former students whose studies were affected by Covid and strike action told the high court in London their clients felt “cheated” by their educational experience and should be entitled to seek compensation through the courts.
They are seeking to bring a claim against University College London (UCL), accusing it of breaking its “promises” after tuition was moved online and access to libraries and laboratories restricted during the pandemic, with no discount to their “eye-watering” tuition fees.
In a case which will be closely watched by other universities, UCL is arguing against students’ attempts to bring a group action through the courts, saying they should pursue their claims through the university’s internal complaints procedure.
If they are not satisfied, UCL says they can then take their complaint to the Office of the Independent Adjudicator, an independent body set up to review student complaints about higher education providers in England and Wales.
At a preliminary hearing on Wednesday before Judge Barbara Fontaine, Anna Boase KC, representing the students, told the court they entered into a bargain with UCL for which they paid handsomely – £9,25o a year in tuition fees and considerably more for international students.
“They didn’t get what they bargained for and they seek justice,” she said.
In written arguments to the court, Boase said: “These consumers, many of whom are young people, have had enough. Their contract with UCL was, for many, the first substantial contract of their lives and, justifiably, they feel cheated out of their bargain.
“The claimants’ case is that, on all versions of the student contract, UCL owed a duty to provide in-person tuition and physical access to facilities.”
She said UCL’s “contractual performance fell short of that promised” yet it had not offered students fee discounts “in recognition of its short performance” during the pandemic.
The court was told that 924 students have issued claims against UCL, with 2,147 more wishing to have their cases added to the legal action. Law firms Harcus Parker and Asserson claim more than 100,000 students have signed up to a student group claim on a no-win, no-fee basis, potentially seeking compensation from 100 UK universities.
John Taylor KC, for UCL, said in written arguments that the alternative complaints procedures were “fair, transparent and accessible”, and could save time and money. He also said the claims against the university needed more detail and had been “formulated at an inappropriately high level of abstraction” given “the disparity of contractual terms, the thousands of programmes and modules, years of study, different strike dates and different effects of Covid-19”.
Daniel Amery, a UCL law student, was among those attending court on Wednesday. He said his first two years at university had been severely affected by Covid, with classes on Zoom and limited access to the university campus. “This is arguably one of the biggest investments I will ever make. I feel I’ve been cheated,” he said.
UCL issued a statement in which Prof Kathleen Armour, vice-president (Education & Student Experience) said the university had followed UK government guidance during the pandemic, and had provided a “high quality academic experience to students” and minimised the impact of industrial action by university staff.
“We respect the right of our students to complain and seek redress if they feel that they have not received the support they expected from us. That is why we have a well-established and free complaints procedure.
“We believe the group litigation order is unnecessary and premature as our easily accessible process is the most efficient and swiftest way for our students to resolve any issues with us.”
The hearing concluded on Wednesday, and a written ruling will be handed down at a future date.
PA contributed to this report
