‘It’s very frustrating. The whole system seems so unfair’: Upgraded students denied access to college places

Sarah was thrilled last week to learn that her Leaving Cert result for classical studies had been upgraded.

“I felt I had answered the questions correctly, but just hadn’t got marks for them – so it felt like I finally got the grade I deserved,” she says.

More importantly, it meant an extra 10 CAO points, enough to secure her dream course of English literature and sociology at Trinity College Dublin.

It is very frustrating. The whole system seems so unfair

Earlier this week, however, she received a letter from the university to say the course was “oversubscribed”, but it would be “delighted” to offer her a place in the course in September 2024.

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“It is very frustrating. The whole system seems so unfair,” says Sarah.

She isn’t alone. At Trinity, more than 30 other applicants who were eligible for their preferred courses on foot of rechecks last week were not offered places this year as the programmes were oversubscribed.

Nationally, the CAO has confirmed a total of 106 students are in the same boat: their places have been deferred until next year, despite securing the points required following upgrades.

The issue was a source of controversy in 2018 when the High Court ruled in favour of student Rebecca Carter, who argued that she was unfairly denied a place on her veterinary science course that year after securing enough points on appeal. The court ruled at the time that the appeals system was “manifestly unfit for purpose”.

So, what happened?

It was appealed by the Department of Education, which was concerned about an element of the ruling that suggested there was a constitutional right to third-level education. The ruling was subsequently overturned following a Court of Appeal.

However, the State Examinations Commission took steps on foot of the case to speed up the appeals process so students would receive any revised offers during the window of college offers.

If we were about trying to make money, we’d squeeze as many in as possible, but we’re also trying to protect standards and avoid overcrowding

—  Education source

A spokeswoman for the CAO said a handbook, available to all applicants, explains that any student who is entitled to a new course based on upgraded Leaving Cert results will receive an offer, but it may be deferred if “all places have already been allocated”.

University sources say they try their best to accommodate as many students as possible. They point to the fact that a large majority (428 out of 534 applicants) who were entitled to their preferred place, based on upgraded Leaving Cert results, were permitted to start courses this year.

“If we were about trying to make money, we’d squeeze as many in as possible, but we’re also trying to protect standards and avoid overcrowding,” said one higher education source.

However, Rebecca Carter’s solicitor, Eileen McCabe, said students affected have good reason to criticise the process as not being fit for purpose.

“They earned the points and are being awarded them so late that they either have to defer college for a year or sign up for a second or third preference course. It really is unfair,” she said.

I don’t know what to do. I don’t want to drop out of the course I’m on, necessarily. The idea of waiting a year for the course you really want is difficult

“The situation could easily be avoided in the future if the colleges, the State Examinations Commission, and the CAO got together and agreed a time frame in which Leaving Cert results and appeal results are available before first-round offers are made.”

Students such as Sarah, meanwhile, face a dilemma.

She has started a lower preference course in another university about an hour’s commute away. It is not ideal and not what she wanted, but the option of taking a year’s break isn’t appealing either.

“I don’t know what to do. I don’t want to drop out of the course I’m on, necessarily. The idea of waiting a year for the course you really want is difficult. I’d rather not be in the position it the first place,” she says.

• Sarah’s name has been changed, at her request