Students’ Rights: The CMA and beyond Dr. Adam Wright, Research and Policy Officer (HE)

Why consumer rights matter It is often uncomfortable to talk about students as consumers. But consumer legislation provides protections to students that otherwise would not have been legally enforceable. You CAN argue against markets and consumerism in education and still use the laws available to uphold students’ rights. You do not need to pay a fee to be protected by consumer law. It is the provision of a service which matters, not cost of the service.

The OFT investigation OFT call for information on undergraduate provision in England in 2013. OFT were looking at potential issues relating to competition law and consumer protections. NUS submitted evidence to CfI on a number of areas: hidden costs, course closures, mis-selling of courses, variation of fees etc. OFT published report in March 2014, stating a number of areas which required further investigation. Further work taken up by CMA.

The CMA and guidance to HEIs The CMA was created when OFT and Competition Commission merged. CMA began investigating issues of consumer protection in HE and consulted NUS and students’ unions. Draft guidance was published in October 2014. The guidance was subject to a consultation, which NUS and some SUs fed into Nov-Dec ‘14. CMA will be releasing final guidance in February 2015 to HE providers, and will begin a monitoring phase to check compliance.

Key points for students and advisers Information Provision HEIs are required by law to ensure that the information they provide to applicants is accurate, easily accessible and covers what is necessary for student to make informed choice. Information on courses, their structure, and fees and costs, must be given before a student makes their application. Students must be made aware of additional course costs in pre-contract information. Students should be advised of any changes to course information as early as possible.

Key points for students and advisers Fair contract terms Contract terms must be easily located and accessed and available before student takes up offer. Terms should be written in plain language and not drafted in a way that could be unfair. A number of “blanket terms” used by HEIs are deemed unlawful and must be changed, including: Terms allowing university to massively vary course content and structure or increase fees (above inflation). Terms which limit liability of HEI for non-performance or sub-standard performance of educational service. (We have asked for clarification on what would be considered non-performance or sub-standard performance in law) Terms allowing HEI to impose academic sanctions for non payment of non-tuition debt (e.g. rent)

Key points for students and advisers Complaints Handling Students must have info about complaints procedures prior to accepting an offer. Complaints processes should be accessible to students (e.g. forms available on website). Students should be informed of external, independent redress (e.g. OIA), and follow external guidelines where HEI is a member. If a complaint is not resolved, students must be given the opportunity and info to escalate. Complaints must be handled within clear and reasonable timescales.

Key points for students and advisers Which students are covered? The CMA guidance discussed will apply to the whole of the UK, as consumer protection legislation is not devolved. While the original focus was on undergraduate, consumer law also applies to most postgraduate students (and potentially to FE as well). A student does not need to pay a tuition fee to be covered by consumer law (e.g. Scottish UGs)

What do you think? In groups, take a few minutes to discuss the following questions: What are the most prevalent (non-academic) issues/complaints for students? Is the CMA guidance just discussed useful in dealing with these issues/complaints? How difficult do you think it will be for your institution to comply with this guidance?

What happens now – compliance CMA will publish final guidance to HEIs and state a time period during which HEIs are expected to comply. CMA will monitor the progress of HEIs. If HEIs do not comply within the time period, they may be subject to sanctions. Students, advisers and unions can complain about practice at their HEI during the compliance period. CMA will not investigate individual cases but will log complaints as part of their monitoring of compliance.

Guidance for students and advisers The CMA are putting together resources for students and for student advisers to help explain the law and students’ rights. There will be posters and fact-sheets on students’ rights and more detailed guidance for student advisers. NUS is working with CMA to help disseminate these resources and better inform students of their rights. There will likely be a roundtable for advisers to discuss these materials with the CMA in February. More on this soon.

How best to inform students In groups, please discuss the following questions about how best to inform students about their rights: What do you think are the most important points to get across to students? What kind of guidance would be helpful to student advisers, and in what format would be best? When would be best opportunities to inform students?

For more information To speak to CMA about their guidance, you can email Oscar Plummer Oscar.Plummer@cma.gsi.gov.uk The NUS staff contact for this is Adam Wright adam.wright@nus.org.uk You can download the CMA guidance documents at https://www.gov.uk/cma-cases/competition-and-regulation-in-higher-education-in-england