Kangs Solicitors have experienced, over the last few months, a considerable increase in enquiries from clients who have experienced difficulties with student funding.

Whilst the enquiries are wide ranging, the majority relate to decisions made by the Student Loans Company, (‘the SLC’), to completely withdraw funding.

The withdrawal of funding usually follows an allegation by the SLC of a failure to provide required information or dishonesty in the provision of such information.

The Relevant Law | Kangs Student Loans Appeal Advisory Team

The Education (Student Support) Regulations 2011:

Schedule 1 Eligible Students

Part 1

Interpretation – defines categories of workers including: employed persons, frontier workers, migrant workers.

Part 2

Categories – provides eligibility rules relating to:

  • persons settled in the United Kingdom
  • refugees and their family members
  • persons granted humanitarian protection and their family members
  • workers, employed persons, self-employed persons and their family members
  • persons who are settled in the United Kingdom and have exercised a right of residence elsewhere
  • EU nationals
  • children of Swiss nationals
  • children of Turkish Workers

Regulation 4

(3) A person is not an eligible student if:

(f) ‘…….. in the opinion of the Secretary of State, …………[the student] is unfitted to receive support’

Regulation 6

(6) If the Secretary of State is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as the Secretary of State considers appropriate in the circumstances-

  • terminate the period of eligibility
  • determine that the student no longer qualifies for any particular support or particular amount of support
  • treat any support paid to the student as an overpayment which may be recovered

The Right to Appeal a SLC Decision | Kangs SLC Appeals Team

  • Following a final decision letter from SLC there are a number of appeal determinations culminating in the final stage whereby the appeal is determined by an Independent Assessor.
  • Whilst the Independent Assessor will review any appeal there exists no legal power to overturn decisions but the Assessor may provide impartial and independent views on a particular case and make recommendations where necessary.
  • Any recommendations will be followed by the SLC unless instructed not to do so by the Secretary of State.

How Can We Help? | Kangs Student Loan Company Appeals Solicitors

  • The withdrawal of funding will invariably have a very prejudicial impact and often results in studies having to be terminated and payments already made being returned.
  • It is important, therefore, that experienced legal guidance is sought from the outset in order to ensure that all relevant documents forming part of the appeals process are properly prepared and are clear and comprehensive.

Kangs Solicitors are regularly instructed to assist clients appeal against an SLC decision and our dedicated team is available to assist anyone needing such support and assistance.

If you have been contacted by the SLC in relation to the withdrawal of your funding, then please do not hesitate to contact either of the following who will be pleased to hear from you:

Steven Micklewright
smicklewright@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Tim Thompson
tthompson@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396