Wednesday 23 May 2012
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Raised fees now a human rights case

English students challenge Edinburgh's £9,000 a year fees with legal action

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The Scottish Government is facing legal action from English students who claim that its decision to charge the maximum of £9,000 a year in University fees breaches their human rights.

The decision has been made as the University of Edinburgh, University of Aberdeen and Heriot-Watt University all chose to charge the maximum fee for a degree course for non-Scottish students from the UK.

Heriot-Watt and Aberdeen Universities will be charging £9,000 a year, but will not charge for student's fourth year, making the total cost for a 4 year degree £27,000. Edinburgh will charge the full £36,000.

Public Interest Lawyers, the Birmingham-based law firm who are representing the students, argues that the system violates the European Convention on Human Rights and potentially Britain’s Equality Act.

Phil Shiner, of Public Interest Lawyers, has said that he will be instigating legal proceedings as soon as possible.

Mr Shiner is said to be representing seven English students who feel that the fees are “discriminatory”.

The Scottish Government have been accused of acting unjustly by providing a free university education to Scottish students but charging students from other UK residencies the maximum fee.

The decision is deemed even more controversial given that EU nationals from outwith the UK can receive free university education in Scotland, as EU laws dictate that students from other EU countries must be treated the same way as their Scottish counterparts.

However, the Scottish Government has defended the fees, insisting that they are legitimate and that they are not based on students' “ordinary domicile” but rather their nationality.

The SNP administration says that they do not want Scottish Universities to be seen as “the cheap option” in the UK and have set their policy on fees accordingly.

Tom Zanelli, president of Napier Students' Association and originally from Skegness, Lincolnshire, expressed his concerns to The Journal: “I think it's a disgrace, how are English students supposed to pay for their education? I was lucky enough to be studying in Edinburgh before university and to have my fees paid by SAAS. However, if I wasn't studying in Scotland then I would have struggled to be here. This needs to be heavily addressed.”

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