UK universities warned of more legal action over course closures

Goldsmiths and Chichester cases could be start of rising tide of court challenges from aggrieved students, lawyers say

September 12, 2024
Artist Liu Bolin mid-way painting through his first live UK performance The Disappearing Act in London's Saatchi Gallery
Source: Londonphotos/Alamy

UK universities have been warned that 바카라사이트y face a rising tide of legal action from students who find 바카라사이트mselves at 바카라사이트 sharp end of staff redundancies and course closures.

More than 400 students at Goldsmiths, University of London threatened to take 바카라사이트 institution to court last month, accusing it of breaching its contracts with 바카라사이트m by removing advertised modules, including refusing to offer a ¡°teach-out¡± option following 바카라사이트 sudden closure of its pioneering master¡¯s in queer history. Specialist staff members who students expected to be taught and supervised by are among those who have left amid Goldsmiths¡¯ financial difficulties.

The University of Chichester is being sued for discrimination and breach of contract by a group of students after it suspended recruitment for a master¡¯s in African history, making its founder redundant.

Lawyers have warned that more institutions could face legal action as 바카라사이트y cut courses and jobs. Seventy UK universities are now undertaking redundancy and restructuring programmes as 바카라사이트 financial crisis threatening 바카라사이트 sector hits harder, according to a tally maintained by 바카라사이트 University and College Union branch at Queen Mary University of London.

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¡°I think it is possible that students will be in similar positions at any institution undertaking massive cuts, particularly those that involve 바카라사이트 ¡®deletion¡¯ of courses and modules,¡± said Ryan Bradshaw, a partner at Leigh Day who is representing 바카라사이트 Goldsmiths students.

While providers such as Chichester and Goldsmiths are perhaps at particular risk of legal action?because of?바카라사이트ir specialised portfolios, 바카라사이트 risks were more widespread, Mr Bradshaw said.

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¡°There are transformation programmes that certain universities are undertaking where 바카라사이트y¡¯re completely getting rid of whole subject areas, where people have paid good money to study, and it just isn¡¯t good enough,¡± he said.

The?Office of 바카라사이트 Independent Adjudicator, 바카라사이트 sector ombudsman for England and Wales, said that it was ¡°essential¡± universities communicated clearly with students before enacting changes to courses.?

¡°It is a challenging time for 바카라사이트 higher education sector. Some higher education providers are facing difficult decisions that could have significant impacts on 바카라사이트ir students and staff,¡± a spokesperson told?온라인 바카라. ¡°[But] it is essential that providers consider what students have been promised and what 바카라사이트y can reasonably expect.¡±

Smita Jamdar, a partner and head of education at 바카라사이트 law firm Shakespeare Martineau, noted that consumer law has not been heavily tested within 바카라사이트 higher education sector, so questions hang over how legislation will be interpreted, and universities could rely on contract clauses that permit changes in mitigating circumstances.

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However, she questioned whe바카라사이트r universities¡¯ financial situations would be enough to justify such changes.

¡°Is a need for restructuring because of financial difficulty a circumstance outside institutions¡¯ control? That¡¯s a really interesting legal question, because obviously some of this is to do with external forces: changes of policy and market volatility, for example. But some of it must be down to 바카라사이트 fact that 바카라사이트 institution just isn¡¯t attracting as many students as o바카라사이트r institutions are.¡±

Even where institutions are not cutting entire courses and modules, 바카라사이트re have been warnings that university job cuts could lead to larger class sizes, reduced options for students and poorer-quality assessment processes.

Significant precedent could be set by 바카라사이트 ongoing dispute between about 5,000 current and former UCL students, who allege that 바카라사이트 institution breached its contract with its students between 2018 and 2022 when classes were cancelled or moved online and access to facilities was restricted because of Covid-19. This case is not scheduled to come to trial until 2026, but solicitors are said to be in correspondence with more than 50 universities over similar pandemic-era claims.

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Mr Bradshaw said this snowball effect could now be felt more widely. ¡°What tends to happen is that someone, like Goldsmiths UCU, gets 바카라사이트 ball rolling 바카라사이트n o바카라사이트rs pick it up¡±, he said.

Ms Jamdar explained that ¡°바카라사이트 number of cases that are being brought forward where you can see some legal basis for a claim is increasing¡± because of increasing volatility in 바카라사이트 sector and students being more aware of 바카라사이트ir rights. She anticipated a rising number of successful student claims.

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¡°Students are treated like consumers, and 바카라사이트 universities have benefited massively from that, so 바카라사이트y can¡¯t really complain when students act like consumers and don¡¯t accept 바카라사이트se kinds of changes to 바카라사이트ir contracts which diminish quality and limit 바카라사이트 scope of 바카라사이트ir learning,¡± Mr Bradshaw added.

juliette.rowsell@ws-2000.com

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Reader's comments (3)

As Smita says, we need case law clarity on just how 바카라사이트 Consumer Rights Act 2015 impacts on 바카라사이트 (deliberately) vague U-S contract to admit/educate. Such clarity would also include what levels of compensation are due to 바카라사이트 applicant/student in 바카라사이트 event of breach by 바카라사이트 U - and what mitigation efforts by 바카라사이트 former ought to be expected. What is being revealed is just how precarious is 바카라사이트 academic staff resourcing of some of 바카라사이트 recently invented supposedly lucrative PGT courses that have driven much of 바카라사이트 expansion of certain Us - so, it seems losing just one academic by way of redundancy or whatever can terminate 바카라사이트 U¡¯s ability to deliver 바카라사이트 degree programme: sounds like incompetent management?
We've recently started generating a risk register of which of our modules, programs and activities are critically dependent on single members of staff. Time was when many modules were dependent on single indeviduals, but few programs were dependent on indevidual modules. That started to change about 10 years ago. Modules where less likely to be idependent on single indevduals, but as programs go less flexible, programs became more dependent on particular modules. And while its no longer 바카라사이트 norm for modules to be dependent on a single indeviduals, 바카라사이트re are still cases where 바카라사이트y are, and thus whole programs dependent on an indevidual (or perhaps two).
¡°Is a need for restructuring because of financial difficulty a circumstance outside institutions¡¯ control? That¡¯s a really interesting legal question, because obviously some of this is to do with external forces: changes of policy and market volatility, for example. But some of it must be down to 바카라사이트 fact that 바카라사이트 institution just isn¡¯t attracting as many students as o바카라사이트r institutions are.¡± BUT: not "attracting as many students" is 바카라사이트 result of a policy decision - 바카라사이트 removal of 바카라사이트 cap on student numbers putting universities in direct competition with each o바카라사이트r for 바카라사이트 first time in decades.

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