Legal action threat at Gove over EMA cuts
Legal action could be launched on behalf of students who believe their two-year contracts for study has been breached by the government’s decision to axe the education maintenance allowance (EMA).
The Save EMA campaign is receiving advice from trade union lawyers supported by Unison who are examining whether they can win payments for students who began courses in September expecting two years of financial support.
Students sign an EMA contract which commits them to rules on attendance, punctuality and achievement in return for the payments, prompting the claim that the Government may be obliged to fulfil its part of the bargain for around 300,000 students.
Both Save EMA and Unison are currently gathering further evidence on paper work.
According to a YouGov poll last week almost half the British public oppose the government’s plans to abolish the Education Maintenance Allowances (EMA).
The poll also showed that a substantial amount of those who voted for both coalition parties at the last election and who intend to vote at coming elections also oppose the abolition of the EMA:
· 50 % who voted Lib Dem in 2010 oppose abolition of EMA
· 42% who still intend to vote Lib Dem oppose abolition of EMA
· 27% who voted Conservative in 2010
· 25% who still intend to vote Conservative oppose Abolition of EMA
James Mills, head of the Save EMA campaign, said:
David Cameron went to a few colleges and said, ‘We won’t scrap EMA.’ There was a clear promise that EMA won’t be axed and students joined their courses on that basis and committed themselves for two years.
Michael Gove said before the election that he would not scrap EMA, and that anyone who said he would was a liar.
A report by the think-tank IFS earlier this year destroyed government justifications for cutting EMAs.
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Sunny Hundal is editor of LC. Also: on Twitter, at Pickled Politics and Guardian CIF.
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Reader comments
Is this the same James Mills that is a Parliamentary researcher to a Labour MP, and the same “save EMA” website that is festooned with messages of support from a range of political figures from Ed Balls to Andy Burnham via Ken Livingstone and, um, Polly Toynbee?
To call this astroturfing would be an insult to the makers of that fine material. Risible.
Save EMA is also supported by both Plaid Cymr, the SNP and the Green Party as seen clearly here: http://www.youtube.com/watch?v=1hqlpgyBL7w
Legal action could be launched on behalf of students who believe their two-year contracts for study has been breached by the government’s decision to axe the education maintenance allowance (EMA).
Briefly ducking in from the luxurious world of paternity leave (typos are my daughter’s fault) I’d point out that the EMA contract is between the pupil and the school. The abolition of the EMA scheme is a decision by central Govt (a legal third party) that makes it impossible for the school to fulfil its part of the contract. Look up the doctrine of frustration – I’d argue (or at least, I’d expect the DoE to argue) that these contracts have been frustrated.
It would be an interesting case though, because I’d expect the Trade Unions’ lawyers to argue that the Govt was effectively a party to the contract…
Very interesting that slightly more people in the 18-24 category support the govt’s plans than oppose them. Surely if EMA was as wonderful as is claimed this figure would be very different?
Perhaps they have first hand experience that EMA is not the most efficient use of govt. money? That is certaintly what I’ve heard from my younger cousins, albeit I aknowledge anecdotal evidence always has to be taken with a pinch of salt.
Interesting to see how this legal case will develop though
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