Victory for woman ruled ‘too old’ for a student loan at 56

AFTER 30 years out of work, Elizabeth Hunter applied for a student loan to embark on a new career.

But the 56-year-old’s hopes were dashed when she was banned from receiving financial assistance – due to her age.

Yesterday, however, a judge ruled that the decision had breached her human rights.

Miss Hunter was refused financial help in April 2014 by the Student Awards Agency for Scotland (SAAS). She had wanted the loan to help her study for an HNC in hospitality management.

Former hairdresser Miss Hunter had wanted to start her own catering business after caring for her father since the early 1990s.

But the SAAS refused to give her a loan because legislation prohibited it from making awards to those aged over 55.

But at the Court of Session yesterday, Lady Scott ruled that the legislation on which the SAAS decision was based contravened Article 14 of the European Convention on Human Rights – which protects people against discrimination on the basis of sex, religion or age.

Speaking at her home in Coatbridge, Lanarkshire, after the judgment, Miss Hunter said: ‘I’m delighted, but can’t believe it took this long. It has been a long process – but I’m glad I won.’

In a written judgment, Lady Scott said the Education (Student Loans) (Scotland) Regulations 2007 did not encourage people in their fifties to go back to college to learn new skills. She added: ‘I am not persuaded there is a sufficiently clear and rational connection between the cut-off in the regulations and the primary aim of encouraging access to education.

‘As such, the decision made in applying that regulation to the petitioner is in violation of Article 14 rights against age discrimination.’

Miss Hunter left school at 16 with two O-Grades and prior to 2011 had been out of work for 30 years. She had trained as a hairdresser, but had to leave the job after five years due to poor health.

In 1992, she became the full-time career for her elderly father until his death in January

‘I’m delighted, but can’t believe it took so long’

2014. In 2011, she began studying for a City & Guilds cookery diploma at Motherwell College and graduated in June 2014.

In August 2014, she enrolled at the college to study for an HNC in Hospitality Management – and applied to the SAAS for a student loan to help with living costs. But it refused her request.

Lawyers acting for Miss Hunter went to the Court of Session to have that decision reviewed. Her legal team argued that the regulations breached the ECHR and that the decision prohibiting her from seeking the loan needed to be struck down.

Lawyers for the SAAS told the court it was ‘much less likely’ a loan provided to a person over 55 would be repaid or repaid in full.

But Lady Scott said: ‘I do not find this persuasive. Even if this was a reasonable assumption at the time the regulations were made, it is not such at the time of this decision to refuse the loan to this petitioner.

‘It cannot now be assumed a person aged 55, with 12 years’ working life, has much less opportunity for employment, or that any such employment is liable to be so short as to significantly reduce the prospects of repayment. The circumstances of this petitioner suggest repayment is a realistic prospect.’

Lady Scott ruled the SAAS decision should be set aside and said a further hearing should take place in the near future to decide what, if anything, the court can do next.