The Supreme Court has granted leave to appeal for MDH
Aug 29, 2017 | Global
In April, the Svea Court of Appeal issued a judgment regarding the repayment of tuition fees to an MDH student. The Higher Education Institution chose to appeal the judgment with the Supreme Court, which has now granted leave to appeal.
- MDH, the student and all fee-paying students and their higher education institutions will receive a final decision and precedent. There has been uncertainty surrounding how higher education institutions are to process refunding students since the Government introduced tuition fees for international students in 2011, says Ann Cederberg, University Director at MDH. The Association of Swedish Higher Education (SUHF) is also behind the appeal which has now been given leave by the Supreme Court,
Just as Västmanland District Court, the judgment from the Svea Court of Appeal believed that there is a mutual, binding agreement between the fee-paying student and the higher education institution. However, in contrast to the District Court the Supreme Court was of the opinion that the student benefited from a number of higher education credits, and participated in four semesters of the course, so MDH need not repay all the tuition fees, only half of them. One Judge of Appeal made a reservation and did not believe that the higher education institution should repay any of the tuition fees.
Why MDH appealed to the Supreme Court
MDH chose to appeal to the Supreme Court in order for the higher education sector to receive a precedent in the matter of there being a civil agreement between fee-paying students and a state higher education institution. This is important for both students and HEIs.
The higher education sector also wants to know if an assessment by a government regulatory authority such as the Swedish Higher Education Authority can be used as evidence to show there is a clear error in a degree programme.
The higher education sector also requires answers to the question regarding how a civil agreement affects an HEI’s possibility to implement measures to correct any deficits to a course.
About the Bachelor’s Degree in Mathematics
In the spring of 2015, the Bachelor’s degree in Mathematics which is the subject of this judgment was evaluated as being high quality by the Swedish Higher Education Authority, UKÄ. This means that this, and all other degree courses and programmes at MDH evaluated by UKÄ are of high or very high quality.