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Maxwell Gillott Solicitors
HIGHER EDUCATION - STUDENT CASES

For most students, their time at university runs smoothly. However, for many others, things go wrong – perhaps with admission to courses, proper teaching and supervision during the course or with awards and other funding. There may also be problems with disciplinary actions, or refusals to award qualifications.

We have been advising students since 1994 as well as providing training for student union advisors on legal remedies. Our experience of acting for students is among the most extensive in the country. Whatever the problem, we will assess your case from a background of in-depth practical knowledge, advise you on what action you should take, and whether legal proceedings are both justified and likely to succeed.

We work closely with many student union advisors, who are often in the best position to negotiate initially with the university, once we provide them with legal back-up. Where you have been advised by a student union, we would normally expect them to telephone us on your behalf if they consider that yours is a problem that requires the help of a lawyer.

As shown in the following case studies, we have successfully acted for students over a wide range of issues including

• Refusal to admit students once formally accepted onto a course
• Unlawful expulsion from University
• Failure to run degree programme or placements adequately
• Failure to supervise post-graduate degrees
• Misrepresentation over bursary eligibility and funding
• Refusal of LEA to pay appropriate awards
• Refusal to issue degrees for non-payment of alleged debts

HIGHER EDUCATION - Case studies

1. Patrick is a mature student suffering from mental illness. Although this was made known to his University at the time he applied for a place, and his behaviour had no impact on other people, the student support services suggested that he leave the University "for his own good”. This was then followed by his effective expulsion without any right to challenge the decision. The University initially refused to readmit Patrick. We brought an action for judicial review on his behalf and forced them to offer him a place and pay all legal costs, following an application for judicial review.
2. Lucy was a student on a teacher’s training course. As a result of a large number of administrative errors by the University concerned, she was prevented from graduating when she finished the course, and lost the job she had been offered. Following an action for breach of contract, she received a 5 figure sum in compensation for loss of earnings due to the delay.

3. 22 students on a Public Relations post graduate course were advised by the University that they would receive funding covering their fees as well as a weekly sum for board and lodging. This payment was only made for the first term. We brought a group action on their behalf ultimately forcing the University to pay over £100,000 in compensation and costs.

4. Peter was a mature student who had attended university for one year, ten years previously. He had been forced to give up when his mother became terminally ill, and wished to continue his education in his thirties. His LEA originally told him they would provide funding for him after his first year, and then went back on their word. Following a lengthy action for judicial review, the judge decided that the LEA had acted unlawfully, and the LEA ultimately paid the grant as well as legal costs.