Universities fear legal difficulties when asking students to defer

English universities are seeking legal advice on whether they can ask students who have fulfilled the terms of their offer to defer.

According to Times Higher Education (THE), a number of institutions have consulted legal teams after the government’s A-level U-turn has resulted in many courses being oversubscribed.

Many universities had already filled their places prior to the U-turn. Some were able to expand their intake to accommodate extra students, but many are unable to do the same because of the limits imposed by social distancing.

THE reports that several highly selective institutions are concerned about their legal obligations now that more students have met their grades. Many typically offer more places that they have available, as a portion of students don’t get the grades required.

This year, after reverting to teacher-assessed grades, this year’s proportion of A* and A grades rose to 38.1%, compared with 25.2% last year.

Trish D’Souza, education team leader at the law firm Capital Law, said that if students had accepted an offer to their first-choice university, and subsequently received the necessary grades, “then a contract is likely in place”.

It may be that in some case students who made the terms of a conditional offer following the government’s policy change may be offered a deferred place to start in autumn 2021

– Universities UK 

She said: “Universities will need to be certain that asking students to defer to another year is catered for within their own rules and procedures that were drawn to the students’ attention around the time that the offer was accepted.

“Otherwise they could be acting in breach of contract or breach of the Consumer Act 2015 by trying to impose alternative terms on the students unilaterally.”

Some universities, such at Bath and Sheffield, have said they will admit all applicants who meet their original offer, but some will be asked to defer until 2021 if their courses have reached their maximum intake.

Durham University has offered students a bursary if they opt for deferred entry, as well as guaranteed accommodation in the next academic year.

David Green, vice-chancellor of the University of Worcester, said: “Of course a university can make an offer of a deferred place, but if the student who has met the conditions of their offer says ‘no, I want to start this year’, my understanding of the law is that the university must honour their offer of a place this year.”

Universities UK said: “As autonomous institutions, ultimately the decisions about how flexible an institution on a particular course can be will be made by the university involved, based on the needs of their students, practicalities such as specialist facilities or availability of placements, and most importantly the safety of students, staff and communities.

“It may be that in some case students who made the terms of a conditional offer following the government’s policy change may be offered a deferred place to start in autumn 2021.”