Why are some students claiming Covid compensation from universities?

Thousands of students and graduates are bringing legal action against their universities, over the quality of teaching and learning during Covid lockdowns.

Pre-action letters were sent to 36 universities as part of the Student Group Claim, saying students did not receive the full education they paid for during the pandemic.

Universities UK, which represents more than 140 institutions, said Covid was an "unprecedented challenge" and the sector had to adapt quickly and creatively to support students.

So why are these legal challenges starting now and what might be the outcome?

The latest tranche of pre-action letters follows a settlement between University College London (UCL) and about 6,000 of its students, who were also part of the Student Group Claim.

That case had been due to go to trial this year, but ended out of court with a confidential settlement, so we don't know the details of the outcome.

UCL has not admitted any liability and said it had "worked diligently to deliver teaching and student support in unprecedented circumstances".

Now, pre-action letters - official documents warning of potential legal proceedings if a dispute is not resolved - have been sent to 36 other institutions.

Those letters allege that students missed out on the full education they paid for, and other university experiences, because of the Covid lockdowns.

"It's very simple, in English law if you paid for a five-star holiday and received a one-star holiday, you are entitled to compensation," Shimon Goldwater, a partner at Asserson Solicitors, said.

During the pandemic, most university teaching shifted online for long periods of time, with students either returned home or locked down in university accommodation.

Access to shared campus facilities was restricted, which caused particular issues for students on practical courses or those who required specialist resources.

Graduation ceremonies were virtual or delayed, and graduates entered a job market that was only just recovering from the pandemic.

The letters to the universities act as a notice that the claimants intend to seek damages for learning which students claim they paid for but did not actually receive.

If the university disagrees, court proceedings could follow.

One of the pre-action letters seen by the BBC says former students are seeking redress for the academic years 2019-20, 2020-21 and 2021-22.

It is hard to know how likely it is that any or all of the student claims will be successful, or how much they could be entitled to if they are.

Goldwater, one of the lawyers for the Student Group Claim, told Radio 4's PM programme that "the people we are representing would only require relatively modest amounts of compensation compared with universities' budgets".

"Typically a student who was an undergraduate at university during the pandemic, we say would be entitled to around £5,000," he said.

"That's what they would be claiming as an estimate."

In the UCL case, the university did not admit any liability and the details of the settlement remain confidential, with neither the institution nor lawyers for the students able to discuss it.

More than 170,000 students and graduates from 36 universities are involved in the latest claims, which have been set into motion by the pre-action letters.

Goldwater has said lawyers are only claiming on behalf of students signed up to the Student Group Claim.

While the next stage is to pursue claims against the 36 universities, other universities could face action in the future, Goldwater said.

He added that students could register to be updated as to whether claims will be brought against their university.

The deadline for student claims relating to Covid is in September 2026.

The case against UCL involved 6,000 students and was due to be heard in court in March.

However, the deal now appears to have opened the way for large-scale legal action against the university sector.

The 36 universities to have received a pre-action letter are:

• University of Bath
• University of Birmingham
• Birmingham City University
• University of Bristol
• Cardiff University
• City St George's, University of London
• Coventry University
• De Montfort University
• University of East Anglia
• University of Exeter
• Imperial College London
• University of Kent
• King's College London
• University of Leeds
• Leeds Beckett University
• University of Liverpool
• Liverpool John Moores University
• London School of Economics and Political Science
• Loughborough University
• The University of Manchester
• Manchester Metropolitan University
• Newcastle University
• University of Nottingham
• Nottingham Trent University
• Northumbria University
• University of Portsmouth
• Queen Mary University of London
• University of Reading
• University of Sheffield
• Sheffield Hallam University
• University of Southampton
• Swansea University
• University of the Arts London
• University of The West of England
• University of Warwick
• University of York

It is hard to know how these cases will proceed, but it is likely that it could take some time.

The 2026 trial date for the UCL case had been set in July 2024, and that had followed months of previous court hearings and letters between the lawyers representing each side.

The other universities which are now involved will have a chance to respond to the lawyers for the Student Group Claim who issued the pre-action letters before any further proceedings can begin.