Background to the Funding Dispute
Weekend-only courses at English universities have long provided flexible study options for mature students, working professionals, and those balancing family responsibilities. These programmes typically involve in-person teaching on Saturdays or Sundays, allowing participants to maintain employment during the week. Maintenance loans from the Student Loans Company cover living costs, while targeted grants support childcare for eligible students. Until early 2026, many institutions classified these courses as in-person provision, enabling access to such support under existing regulations.
The Student Loans Company, operating under the Department for Education, administers student finance in England. Regulations distinguish between in-person and distance learning courses, with the latter generally ineligible for maintenance support because students are not required to attend a physical campus regularly. Weekend courses, however, involve scheduled campus attendance, creating ambiguity when guidance interpretations shift.
The Classification Change and Initial Notifications
In March 2026, the Department for Education contacted more than twenty universities to inform them that weekend-only courses had been misclassified. The courses were reclassified as distance learning, rendering students ineligible for maintenance loans and childcare grants previously awarded. The Student Loans Company subsequently wrote to approximately 22,000 affected students, stating that payments had been made in error and demanding repayment on an accelerated timeline.
Universities maintained that they had followed available guidance at the time of classification. Some reported that earlier interpretations by the Student Loans Company had permitted maintenance support for these flexible programmes. The abrupt change left institutions and students facing unexpected financial demands, with many students already committed to their studies and reliant on the funding for essentials.
University Perspectives and Pre-Action Steps
Nine universities responded by issuing a pre-action protocol letter, the formal first step toward judicial review proceedings. This letter outlined concerns over the lack of clear, consistent guidance from the Student Loans Company and the Department for Education. Institutions argued that classifying weekend teaching as distance learning contradicted the reality of scheduled in-person sessions and defied common sense.
Bath Spa University, Southampton Solent University, and London Metropolitan University publicly identified themselves among the group. The remaining six institutions chose to remain anonymous during initial stages. University leaders emphasised their good-faith compliance and highlighted the potential harm to students, many of whom are from underrepresented backgrounds or returning to education later in life.
Legal Grounds for Judicial Review
Judicial review allows courts to examine the lawfulness of decisions by public bodies such as the Department for Education and the Student Loans Company. The universities' challenge focuses on procedural fairness, the reasonableness of the reclassification, and whether adequate consultation occurred before demanding repayments. Claimants contend that the sudden policy shift lacked sufficient notice and failed to consider the practical nature of weekend provision.
Legal experts note that successful judicial review could require the government to reconsider its approach, potentially restoring eligibility or extending repayment timelines. The process typically begins with the pre-action letter, followed by an application to the Administrative Court if no satisfactory response is received.
Government and Student Loans Company Response
The Department for Education initially defended the reclassification as a correction of an administrative error. Officials stated that regulations clearly limit maintenance support to courses involving regular in-person attendance beyond weekend-only formats. The Student Loans Company acted on instructions to recover funds where eligibility criteria were not met.
Following the threat of legal action and public scrutiny, the Department for Education later announced it would not pursue immediate repayments from the affected students. This adjustment provided temporary relief but left broader questions about course classification and future funding eligibility unresolved.
Photo by Sasun Bughdaryan on Unsplash
Impact on Students and Institutions
The episode has placed significant strain on thousands of students, many of whom received letters requiring repayment of sums that had already been spent on rent, transport, and childcare. Weekend courses often attract part-time learners who cannot access full-time study options, amplifying the personal and financial disruption.
Universities have faced administrative burdens in responding to queries, reviewing classifications, and supporting affected cohorts. Some institutions reported increased demand for hardship funds and advice services. The uncertainty has also prompted wider discussion about the sustainability of flexible provision amid tightening student finance rules.
Broader Implications for UK Higher Education
This dispute highlights ongoing tensions between regulatory clarity and institutional autonomy in student finance. English universities operate within a complex framework overseen by the Office for Students, the Department for Education, and the Student Loans Company. Changes in interpretation can affect recruitment to non-traditional programmes, particularly those serving widening participation goals.
Stakeholders across the sector have called for clearer, stable guidance on what constitutes in-person versus distance learning. The case may influence how future flexible or blended programmes are designed and funded, with potential consequences for part-time and mature student numbers.
Stakeholder Views and Sector Reactions
Student representatives have expressed concern over the stress caused by repayment demands and uncertainty. University administrators have stressed the need for collaborative policy development rather than retrospective enforcement. Government sources maintain that public funds must be allocated according to strict eligibility criteria to ensure accountability.
Parliamentary scrutiny has included a research briefing from the House of Commons Library examining the issue. The briefing details the sequence of events and notes the legal action initiated by universities.
Recent Developments and Resolution Path
By late April 2026, the Department for Education confirmed it would not enforce immediate repayments. This decision followed the judicial review threat and media coverage. Institutions continue to seek formal clarification on classification rules to prevent similar issues in future academic years.
Five universities proceeded with a formal judicial review application against the Department for Education and the Student Loans Company, focusing on the classification decision itself. The outcome could set precedents for how weekend and other flexible courses are treated under student finance regulations.
Future Outlook for Flexible Learning
The episode underscores the importance of precise regulatory language in supporting diverse student pathways. As demand for part-time and weekend study grows among working adults, policymakers face pressure to balance fiscal responsibility with access objectives.
Universities are likely to review their course portfolios and classification processes. Sector bodies may advocate for updated guidance that reflects the realities of modern, flexible higher education delivery. Long-term solutions could involve legislative adjustments or revised Student Loans Company protocols.
Actionable Insights for Institutions and Applicants
University administrators should maintain detailed records of guidance received from the Student Loans Company and seek written confirmation on classification decisions. Proactive engagement with the Department for Education on emerging policy changes can mitigate risks.
Prospective students considering weekend or part-time programmes are advised to verify current funding eligibility directly with the Student Loans Company before accepting offers. Institutions offering such courses may benefit from transparent communication with applicants about potential regulatory shifts.
