Imogen Proud – LexisPSL – Education law – Secretary of State unable to recover tuition fees under the Education (Student Support) Regulations 2011 (SS Education v CCP Graduate School Ltd)
Local Government analysis: The High Court dismissed a claim for recovery of tuition fees which the Secretary of State for Education (via the Student Loans Company) had paid to an Alternative Education Provider which enrolled students onto one particular course but registered them to the relevant awarding body for a different type of qualification. The case is of substantive significance as it clarifies the parameters of use of the Education (Student Support) Regulations 2011 (the Regulations) for recovering overpayments of fee loans. The judgment also clarifies the appropriate sanctions for failure to meet the requirements of course designation under DfE issued guidance entitled ‘Alternative Providers: Specific Course Designation. Guidance for Providers: Criteria and Conditions’ (the 2013 Guidance). The Secretary of State has lodged an appeal at the Court of Appeal.