Anyone who thought that “Brexit means Brexit” or that all UK universities would accept that EU students no longer have special protection on tuition fee levels should think again. Some institutions are publicizing that EU students starting in Autumn 2021 will pay Home student fees for the duration of their studies. Some suggest it may be illegal and for international students from other countries it will reinforce a suspicion that Euro or Western-centric policies, pricing and priorities continue to prevail in some English institutions.
The straightforward fact is that if you are a student from China, India, Nigeria, Brazil, Canada or anywhere outside the EU, there are at least six universities in England who have decided to charge you a significantly higher tuition fee to sit alongside an international student from a European Union country in the 2021/22 academic year. It is a distinction not based on that student’s language capability, their government’s contribution to English higher education, their intelligence, or their capacity to pay. The privileged treatment applies, without any form of means testing, to students from some of the wealthiest countries in the world.
A review of the 40 English universities with the most European Union students (HESA, 2018/19) shows that five have either maintained EU rates at the same level as UK students or put in place special ‘scholarships’ that have the same effect.
A sixth, the University of Kent, which dubs itself “The UK’s European University”, has put in place a blanket 25% reduction on the international fee level. Seven others currently either indicate that they cannot confirm fee liability or do not have any 2021/22 academic year fees shown on their websites. Among these is Coventry University which, with over 3,600 EU students in 2018/19, has a lot at stake.
Beneath the top 40, Royal Holloway, University of London, was among the first universities to indicate its intention to maintain EU student fee levels in 2021/22. Their online statement suggests good intent as they note, “At Royal Holloway, we wish to support those students affected by this change in status through this transition. For eligible EU students starting their course with us in September 2021, we will award a fee reduction scholarship which brings your fee into line with the fee paid by UK students.” The institution is keeping its options open for the 2022 intake and a cynic might suggest it will see how enrollment goes before deciding whether to extend the reduction.
While the argument about support through transition sounds good universities do not, generally, take on wholesale financial risks incurred by students as circumstances change. Students often find that the currency exchange rate goes against them during the course of undergraduate study, in the case of Indian students by around 18% between September 2017 and July 2020, but universities don’t cover the cost. Giving a blanket dispensation on fees to favour students from 27 countries is unheard of and a cynic might argue that it is driven by enrollment objectives more than anything else.
It also raises the question about the nature of the cross-subsidy that non-EU international students might be giving to the new class of “EU international” students. The Migration Advisory Committee report of September 2018 made the point that, “There is no doubt that international students offer positive economic benefit, including cross-subsidising the education of domestic students and research.” This suggests that allowing EU students to continue paying “home” fees will mean that their full-rate international student peers will be subsidizing them.
Relatively little has been written about the legality of this type of favouritism for one group of international students over another. In July 2016 Elizabeth Jones, a senior associate at Farrer & Co, wrote for Times Higher Education that “Universities are required by the Equality Act 2010 to treat students in a way that does not discriminate on the grounds of any “protected characteristic” such as race (which includes nationality), age, sex and disability.” She noted that providing students from the rest of the EU with the same fees as UK “home” student fees was, at the time, an allowable exception because it was mandated by legislation.
A statement by Michelle Donelan, Minister of State for Universities made it clear that this mandate no longer existed. “Following our decision to leave the EU, EU, other EEA and Swiss nationals will no longer be eligible for home fee status…for courses starting in the academic year 2021/22.” In July 2020, Gerrit Bruno Blöss, CEO of Study.eu, commented on the damaging impact this could have but noted that, “A few institutions are also evaluating potential legal loopholes to charge different fees.” Perhaps they found them or simply decided that nobody would notice or dispute their decision.
The UK Council for International Student Affairs (UKCISA) is simply publishing Donelan’s statement and reflecting that further guidance on regulations from Government may not come before the Student Loans Company (SLC) system launch in February 2021. It is surprisingly coy, given its remit as “the UK’s national advisory body supporting international students” about whether maintaining a significant price differential between two groups of international students is fair, decent or appropriate. It claims every UK university as a member and must know that some institutions are publicising their 2021/22 academic year pricing strategy on that premise.
UKCISA’s 2020 Policy Position Paper notes that a key part of delivering a world class student experience is communicating “a clear message of welcome to all international students in the UK, at every level of study”. That seems quite difficult if the system becomes underpinned by preferential treatment for students from the EU without real clarity on what makes such exceptions equitable or even reasonable. This is particularly so when so many other institutions have made it clear that the ‘international’ fee will apply to EU students from the 2021 academic year.
Perhaps unsurprisingly, the Office for Students (OfS) is silent on the issue. It has been pointed out elsewhere that the OfS shows a level of disinterest in whether international students get value for money from a UK education. Perhaps they could provide comparative information to at least fulfil their promise to “ensure that all students are provided with the necessary information, advice and guidance so that they can make informed decisions about where and what to study.”
It’s also not clear where the National Union of Students stands on this anomaly. Back in 2013 their position was that, “It is scandalous that non-EU students are charged fees that can be thousands of pounds higher than those for other students.” One would think that they would at least expect everyone designated an international students to receive equal treatment from universities.
With the pandemic and Brexit diverting attention it may not seem important that a handful of universities have gone out on a limb to preserve a point of privilege for EU students. But reputation is hard to gain and easy to lose. It’s time for the UK authorities to clarify the situation and possibly for Messrs Sue, Grabbitt and Runne to become involved.
NOTE
In principle I am in favour of all education being free and would welcome a situation where universities were able to focus only on teaching, learning and research in the interests of students and broader humanity. This blog reflects the realities of international student fees and the potential for preferential treatment to emerge when universities make decisions driven by economic factors.
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