Higher education for migrant care leavers

What assistance can care leavers receive from their local authority to access higher education?

All former relevant children who are starting university before their 25th birthday will be entitled to a one-off higher education bursary of a minimum of £2,000 from their local authority. Care leavers may also be entitled to financial assistance through contributions to their expenses or making a grant under Section 23CA of the Children Act 1989. Regulation 9 of the Care Leavers (England) Regulations 2010 specifies that the authority must provide assistance to meet any needs in relation to education, training or employment, as provided for in his or her pathway plan, and that this support may be in cash. However, any further financial support they receive from the local authority will depend on the young person’s individual situation. Most care leavers wishing to go to university will also be able to access student loans.

What impact does a care leaver’s immigration status have on their ability to access student loans?

Those with refugee status and those with humanitarian protection, indefinite leave to remain and EU nationals, who have been “ordinarily resident” for at least three years prior to the course starting, are eligible for student loans and home fees. However, since the Education (Student Fees, Awards and Support)(Amendment) Regulations 2011, care leavers who have discretionary leave to remain are ineligible for student support, and are classed as overseas students. This includes many young people who arrived in the UK alone as children and claimed asylum as the majority of children in this situation receive discretionary leave to remain. Since 2011, many of these young people have been denied access to university as they have not been able to afford to attend.

How has the law changed recently?

The recent case of Kebede v Newcastle [2013] EWHC 43 (Fam) has important implications for young people in this situation, as it made clear that it may now fall to the local authority to fund their access to university, either by paying their fees or providing them with a loan. In this case, involving two former relevant children from Eritrea with discretionary leave to remain, the court reiterated that there is a duty on a local authority to make a grant in relation to educational expenses as part of its leaving care support, to the extent that a former relevant child’s educational needs require it. It found a “principal expense associated with education is the cost of tuition” and so it follows that it was the local authority’s duty to give assistance by making a grant or loan to enable the brothers to meet this expense. The court clarified that “the determination of educational needs must be contextual” and the local authority should reach a view “rather as a parent might” as to the extent of a young person’s educational needs, providing these “reflect the position of the individual”.

For more information, please see the Migrant Children section of our website: www.childrenslegalcentre.com