Scottish universities have been accused of discrimination for charging tuition fees to UK students who are not Scottish
Public Interest Lawyers (PIL) are considering a judicial review challenge against Scottish universities for charging fees to students from England, Wales and Northern Ireland.
They claim it is discriminatory that Scottish students (and students from other EU member states who must be treated in the same way under EU rules) do not pay fees if they attend Scottish universities, while English students do.
Scottish students, along with other UK students, pay fees if they attend universities in England, Wales or Northern Ireland.
Historically, Scotland has always had a separate education system—school pupils sit Highers not A Levels, Honours degrees last four not three years and arts graduates are usually awarded MAs not BAs. It is common for students to begin university aged 17 and, in some cases, just 16, as Highers are taken after one years' study not two.
According to press reports, PIL will argue that Scottish students’ free education discriminates against non-Scottish UK students in breach of the European Convention on Human Rights and the Equality Act 2010, which bans racial discrimination.
A Scottish government spokesperson said they were confident the Scottish fees system was lawful, and that tuition fee arrangements are based on "ordinary domicile" not nationality.
PIL are also representing two students in their judicial review to challenge the tripling of tuition fees across the UK to up to £9,000 each year.
The Scottish executive said in June that it would expect average fees across Scottish universities to be less than in the rest of the UK.
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