Hunter, petitioner

Education – Discrimination – Age discrimination – Student loan. Court of Session: In judicial review proceedings in which the petitioner challenged a decision by the Students Awards Agency for Scotland (SAAS) to refuse her student loan application, made in accordance with reg 3(2)(ii) of the Education (Student Loans) (Scotland) Regulations 2007 which restricted eligibility for a loan to persons under the age of 55, the court held that reg 3(2)(b)(ii) was incompatible with the petitioner's rights under art 14, read with art 2 of Protocol 1, of the European Convention on Human Rights, and as such was outwith the Scottish Ministers' competence and fell to be reduced; and SAAS's decision to refuse the petitioner's application for a student loan, being made in pursuance of reg 3(2)(b)(ii), which the court had found to be ultra vires, also fell to be reduced; furthermore the Scottish Ministers had failed in their public sector equality duty imposed by s 149 of the Equality Act 2010.

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