A MATURE student has won a landmark legal case after judges ruled a ban on college loans to over-55s was in breach of her human rights.
Elizabeth Hunter, 56, challenged a decision by Student Awards Agency for Scotland to deny financial support because she was one year older than the loan threshold.
After winning the right to receive assistance, she said: "They keep telling you you are never too old to learn. But it seems you can be too old for a loan."
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A former hairdresser, Ms Hunter returned to education to start her own catering business after being out of work for almost 30 years. She initially studied for City & Guilds cookery diploma at Motherwell College and graduated from it in June 2014.
In August 2014, she enrolled at the college to study for an HNC in Hospitality Management but was told she was too old to qualify for a loan to help cover living costs.
But at Edinburgh's Court of Session, Lady Scott has ruled that the decision contravened article 14 of the European Convention on Human Rights, which enshrines in law the right not to be discriminated against on the basis of sex, religion or age.
The court also found that Scottish ministers had breached their duty under the Equality Act to eliminate discrimination.
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Ms Hunter, who in 1992 became the full time career for her elderly dad until his death in January 2014, now hopes her victory will help others get loans and assist her in upgrading to a degree next year.
"One minute I am crying the next I'm laughing. " said Ms Hunter, who left school at 16 with two 'O' levels.
"I was only trying to better myself.
"It is a big step for other people because there have been so many people who wanted to better themselves and go back to education but couldn't afford to because they weren't allowed the loan.
"So they gave up their dreams, more or less."
Ms Hunter, who had previously trained as a hairdresser but had to leave the job after five years due to poor health, added: "I am hoping this decision helps others."
The Equality & Human Rights Commission said it was a "real victory against age discrimination".
In a written judgement issued at the court, Lady Scott wrote that the regulations did not encourage people in their 50s to go back to college to learn new skills.
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She wrote: "Considering all of the above and after weighing the various factors, I am not persuaded that there is a sufficiently clear and rational connection between the cut off in the regulations and the primary aim of encouraging access to education.
"Indeed there is inherent conflict. Reviewing the relevant regulations in the round, I am satisfied there is no less intrusive measure which could be employed and I do not consider a 'fair balance' has been achieved.
"Accordingly, I am not satisfied that Regulation is proportionate. As such the decision made in applying that regulation to the petitioner is in violation of article 14 rights against age discrimination."
The judgement follows Court of Session proceedings earlier this year in which lawyers acting for the SAAS said that it was "much less likely" that a loan provided to a person aged over 55 would be repaid or repaid in full.
Lady Scott disagreed with their argument saying: "It cannot now be assumed that 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. Indeed, the circumstances of this petitioner suggests repayment is a realistic prospect."
Lady Scott also concluded that the regulations also breached the 2010 Equality Act.
She wrote: "There was a failure, at least prior to that date and at a time when the decision was made to refuse the loan to the petitioner on the basis of her age.
"I am satisfied that there was such a failure."
Lady Scott ruled that the the SAAS decision should be set aside.
She also ruled that further hearing should take place in the near future. This will decide what, if anything, the court can do next.
A Scottish Government spokesman said: “The Scottish Government notes the publication of Lady Scott’s opinion in relation to the judicial review raised by Elizabeth Hunter and will consider the detail carefully before making any further response.”
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