UCL urged to strike deal with students over Covid-era tuition fees

High Court judge puts London students' claim on hold for eight months and recommends alternative resolution of dispute

Former and current University College London (UCL) students have launched legal action. Bloomberg

University College London (UCL) has been urged to settle a case with former students who have demanded some of their tuition fees back after their university experience was curtailed by the Covid-19 pandemic.

Nearly 1,000 current and former students are bringing a claim against the university, with thousands more wanting to join the legal action, alleging the university breached tuition contracts.

Lawyers for the students argue UCL broke “promises” over its services during strike and coronavirus-affected years between 2017 and 2022.

Undergraduates and graduates, who can pay from £9,250 to £25,000 in fees a year, say they “have had enough” and are entitled to compensation over cancelled teaching days, tuition moved online and restricted access to facilities such as libraries and laboratories, a judge was told at a hearing at the High Court in London in May.

In a ruling on Monday, Senior Master Barbara Fontaine said the case should be put on hold for eight months to allow time for some of the students to settle their claims against the university.

She said the students’ bid to join together their claims for damages should be stayed for that period, and that she would encourage the students and the university “in the strongest possible terms” to engage in alternative dispute resolution.

The judge said she would not mandate that the students must use the Office of the Independent Adjudicator (OIA) to attempt to resolve their claims, having heard from the claimants’ lawyers that it was “highly unlikely” either that route or the university’s complaints procedure would lead to a “speedy, cost-effective resolution which is satisfactory to all parties”.

Summarising the claimants’ case, she added: “These thousands of claims will almost certainly end up back before the court when the processes of the OIA scheme have been exhausted.

“The consequences of requiring the claimants to pursue their complaints through these channels will be increased irrecoverable costs and delay to the claimants’ access to justice.”

The judge said the issue of whether their objections to that scheme, if they persisted, were “reasonable” would be decided at a future hearing.

The university argued at the May hearing that if a group litigation order is granted, it could lead to costly cases being brought against 17 other universities.

The legal team behind the students’ High Court action claims more than 120,000 students have registered to be part of potential litigation against other institutions.

Prof Kathleen Armour, UCL’s vice provost of education and student experience, said the pandemic was a "very difficult time" for many students.

“They have faced challenges and disruption from Covid and, in some cases, industrial action too. Supporting our students, their well-being and their educational achievements is always UCL’s priority.

“We are pleased that the High Court has ordered that proceedings be stayed to allow for the parties to attempt to resolve the students’ claims without the need for further litigation, and that the court has recognised the part our complaints procedure can play.

“We remain confident that our complaints process is the best route for our students."

Shimon Goldwater, solicitor at law firm Asserson, who is working on the Student Group Claim, said the decision was an "important ruling".

“UCL must finally take responsibility for the disruption caused to its students during the lecturers’ strikes and the Covid-19 pandemic", he said.

“We are hopeful that UCL will now engage constructively in settlement discussions as students have been proposing for many months so that compensation payable to students can be agreed, rather than having to be decided in court.”