SCOTTISH universities are facing a legal test case to prevent them discriminating against English students by charging them higher fees than their Scottish counterparts.

Emma Block, 22, an English student at Glasgow University, is to claim that the extra fees are a breach of her human rights and discriminatory under race relations legislation.

The case — being prepared by one of Britain’s top education lawyers — will be the first legal challenge to the Scottish parliament’s powers to impose higher charges on undergraduates who come from other parts of the United Kingdom.

Students who have lived in Scotland for more than three years and those from other countries in the European Union pay £2,000 when they have completed their degree.

English students not only have to pay £1,250 a year — a total of £3,750 for a three-year course — but also have to provide the fees at the start of each academic year.

The difference will increase when universities in England and Northern Ireland are allowed to charge fees of up to £3,000 a year from 2006. While Scotland will retain its £2,000 charge for Scottish and EU students, those from England and Northern Ireland will be forced to pay £5,700. Medical students face a bill of up to £15,000.

The charges are being imposed because the Scottish executive claims it will get “fee refugees” from England and Northern Ireland when they introduce the £3,000 top-up fees. The Welsh assembly has yet to decide the level of fees in the principality.

Block, a third-year philosophy undergraduate, said it was blatant discrimination. “I have to pay more than undergraduates from France and Germany. If I was a citizen from another country in the European Union, I couldn’t be discriminated against in this way.

“I am more likely to leave university with higher debts because I have to pay my fees at the beginning of each year. Scottish and EU students don’t pay anything until they are in employment.”

Block is also angry that Scottish Labour MPs with seats in Westminster voted for top-up tuition fees that would be paid by undergraduates at English and Northern Ireland universities but would not apply to Scottish universities.

“Top-up fees could not have been introduced at all without the votes of 43 Labour MPs with Scottish seats. They voted for fees of up to £3,000 a year knowing that Scottish universities would not be charging them,” she said.

Some 47 Labour backbenchers with English seats opposed the introduction of top-up fees in one of the largest rebellions against the government.

If Block wins her case, it would prevent the Scottish parliament pushing through the higher top-up charges for English and Northern Irish students in 2006. Students who have been charged more than Scottish students could be entitled to compensation.

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