Legal Challenge Against Secretary of State for Education
Department of Education found to have acted unlawfully in denying student loans to abused migrant women
SBS welcomes the decision by the Secretary of State for Education to change the rules on residency for survivors of domestic violence who have ILR and who need to access student finances. But it should not have taken a judicial review to bring about this change of heart. Previously, by making women wait an additional three years following the grant of ILR before being able to study, the Department of Education showed itself to be discriminatory and out of touch with the government’s own policy and aspirations to break cycles of abuse, empower victims and help them regain their independence. What this highlights is that there is no joined up thinking in government and this greatly undermines its commitment to combat VAWG. This must change if the government is to retain credibility.
This case, brought by Helen Mowatt of Public Interest Law Centre with Dan Squires of Matrix Chambers acting as counsel.
The High Court ruled that a survivor of domestic violence was unlawfully refused a student loan and that the current student finance regulations discriminate against victims of domestic violence. The court ruled there was a breach of her ECHR, article 14 and article 2 of the first protocol.
Read full article here: Matrix Chambers: OA v Secretary of State for Education  EWHC 276 (Admin)
The High Court has today ruled that a survivor of domestic violence was unlawfully refused a student loan and that the current student finance regulations discriminate against victims of domestic violence.
Read full article here: Public Interest Law Centre: Stop press: important victory for migrant women!.
The full judgment can be read here.