Consumer Law AND Student Recruitment: A Practitioners’ guide sorry no alan Niall Bradley Head of Marketing Communications and Marketing Claire Forsman Head of Undergraduate Recruitment (UK/EU) Student Recruitment & Admissions

Implications for student recruitment and marketing professionals The story so far…. Implications for student recruitment and marketing professionals Some real life examples Action points! boring - sorry .Planned a workshop but that's not to going to work here....

The story so far…. sorry no alan

Terms & conditions a “student contract” Students as consumers Students have always been protected as consumers under consumer legislation Contract law remains their most likely remedy where they are dissatisfied with the services being offered by their HEI Reluctance in the sector to view the relationship as one of supplier and customer HEIs view the relationship as more akin to a learning & teaching partnership, i.e. students will only get out what they put in Terms & conditions a “student contract” Fees etc. Always been consumers but things have changed since £9k. This is not about new legislation. We should already have been compliant HE providers are ‘traders’ and applicants/students are ‘consumers’ for the purposes of the legislation.

Current landscape – What has changed? Introduction of the £9k tuition fee cap Increased student expectation = more complaints Students in weak position – is a one-off decision Spotlight on HE Which? Report NUS Competition & Markets Authority (CMA) guidance (March 2015) Consumer Rights Act 2015 Scotland, RUK, EU and beyond Most students decisions on what and where to study will be a ‘one-off’ involving the investment of a significant amount of time and money. Therefore, that decision needs to be properly informed and right for them. Once students have enrolled, if they are dissatisfied with their experience, it is practically very difficult for them to switch HEPs or courses. So HEPs, in their dealings with prospective students and students must provide clear, comprehensive and timely information, and ensure their terms and conditions and complaints processes are fair. Current focus is on UG students

Consumer Protection from Unfair Trading Regulations 2008 (CPRs) legislation The CMA advice focused on compliance with the following consumer protection legislation: Consumer Protection from Unfair Trading Regulations 2008 (CPRs) Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCRs) Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs) And from October 2015 - the new Consumer Rights Act Current focus is on UG students

Legislation The three key areas where we need to be addressing the legislation are: Clear, accurate and timely information to applicants – are we providing the info required to make an informed decision? Fair and transparent terms and conditions – do we treat students fairly? * Accessible and clear complaint handling procedures – are we able to resolve problems if they occur? * This applies not just to our education services but also other services such as accommodation. ******Will not concentrate on these today as are for a different set of people.

CMA consultation and advice CMA commenced review in October 2015, concluded April 2016 and summary published late July 2016. Open letter to HEIs Report of findings Undertakings Press release All at https://www.gov.uk/cma-cases/consumer-protection-review-of-higher-education

Findings Review found that good progress has been made by many HEIs, but some still have work to do to ensure they are fully complying with their consumer law obligations. Three HEIs have undertaken to make improvements. Not all HEIs were looked at.

Risk and opportunity Full compliance will support our strategic priorities regarding student experience and growth. By providing all prospective students with accurate and complete information, we will enable self-selection by prospective students for whom the Edinburgh experience is ill-suited, prior to entry, and better manage student expectations.

Implications of non-compliance Civil and/or criminal proceedings – CMA, Trading Standards services Reports to QAA prompting possible investigation Legal action by students Reputational damage Impact on student experience Financial cost 10 students – paying £9k fees for four years - £360,000 Accommodation and living costs for four years - £360,000 Recompense for distress or loss of opportunity and or earnings

Implications of non-compliance - Risk Assessment If you fail to fulfil the terms of a contract and a cohort of 10 final year UG students sought refunds of their fees & costs: Fees for four years: 10 x 4 x £9,000 = £360,000 Accommodation & Living costs: 10 x 4 x £9,000 = £360,000 Total = £720,000 (N.B. This doesn’t include damages for time lost and impact on future career earnings.) 10 students – paying £9k fees for four years - £360,000 Accommodation and living costs for four years - £360,000 Recompense for distress or loss of opportunity and or earnings

Implications for student recruitment & marketing? sorry no alan

Research and application stage Offer stage Enrolment stage Stages in the process Research and application stage Offer stage Enrolment stage

Printed prospectus, brochures, leaflets Information sources Printed prospectus, brochures, leaflets University/College/School web pages and portals Face to face contact at Open/Visit Days, recruitment fairs or school visits Electronic communications – email, social media External publications and websites Just who is providing information? Do you have a golden copy? How and when is it checked for accuracy? How do you control people meeting prospective students? Open days???? UCAS website Information must be accurate, complete, clear, unambiguous, up front, timely and accessible, e.g. website, prospectus, open days This applies whoever provides the information on behalf of the HEP and whether it is written, visual or spoken. The person providing it could be paid or unpaid e.g. student volunteer/ ambassador It must be easily accessible before the applicant applies, i.e. not behind an applicant portal DRPS

Research and Application “Clear, intelligible, unambiguous and timely information, whether or not the prospective student requests it.” Material information needed to make informed decisions Course content, fees & costs (including additional costs) Non-course related information, e.g. accommodation Any important and surprising rules and regulations What is material where does marketing copy differ from this?

Research and Application “The website is VERY unclear, I travelled all the way to Edinburgh to find out that you couldn't qualify as a child's nurse. No where on your website does it specify what nurse you qualify as! I am not the only student to have done this, changes should be made to your course information for nursing on your website.” [Open Day feedback, June 2016] What is material where does marketing copy differ from this?

Research and Application “Better information from staff at information fair. On more than one occasion (accommodation / admissions / finance) we were told to look at website for information - we travelled to the university to ask the questions expecting to get answers.” [Open Day feedback, June 2016] What is material where does marketing copy differ from this?

Research and Application “Tell us about the courses not just the career prospects and how wonderful you think you are” [Open Day feedback, June 2016] What is material where does marketing copy differ from this?

Research and Application Applies whoever provides the information on behalf of the University, whether it is written, spoken or visual Must provide information about how to complain

Offer stage “students should always have an appropriate opportunity to read and understand terms before they accept them”

Offer stage Obtain applicant’s agreement to change anything stated pre-offer Provide pre-contract information, e.g. Offer conditions Full terms and conditions Core modules/courses, duration of programme Fees and costs, including how any increases will be calculated Number/type of contact hours What might change, when and how 14-day right to cancel and how to complain Once offer accepted, contract provided in a “durable medium” Durable does not have to be hard copy but must be In something that we provide them and they can save and keep so email or pdf Ok but how do we put all of this into one document? Costs of field trips or equipment make clear what could change in the future - if you know some things might change, make it clear in the pre-contract information by setting out what could change, when and how

Pre-contract information should still by accurate Enrolment stage Pre-contract information should still by accurate Any changes affecting material information: tell students ASAP Draw attention to terms and conditions, rules and regulations, and make them accessible Highlight important or surprising terms and provisions

Information – examples of breaching obligations Not providing 'material’ information and/or not providing it at the right time information is difficult to find and access e.g. it is on a website that is hard to navigate or held in a number of different places failing to provide information about extra course costs up front failing to make clear that certain modules must be completed for the award to be accredited

Information – examples of breaching obligations Not providing 'material’ information and/or not providing it at the right time only making important information available to prospective students after they have applied failing to make prospective students aware at the earliest opportunity of changes to information contained in a prospectus

Implications for recruitment & MARKETING Need to think carefully about what we say, how we say and even when we say it. Are we being too positive? Could information be misconstrued? (e.g. images used) tell applicants things they never ask us about, even if some of this is negative. (Will our competitors also do this?) be clear about info that may be subject to change or where it applies to a particular year of entry, e.g. when providing info about ‘sample’ degree structures’ or listing optional courses that are available for current entrants. One response is ‘just provide less info’ - will this help? (No)

REAL life scenarios! sorry no alan

Real Life examples You are a marketing officer and your School approaches you and says that they are planning to make changes to their degree programme for entry in 2018. What do you do?

Real Life examples You are a marketing officer and your School approaches you and says that they are planning to make changes to their degree programme for entry in 2017. What do you do?

Real Life examples You receive a complaint from an Open Day visitor that the venues they were shown on the day are not where they will actually be taught. They feel they have been misled and will now need to make a costly return journey to see the appropriate buildings and facilities. How do you respond?

Real Life examples You receive an email from a prospective student complaining that the ‘University representative’ they spoke to at a recruitment fair said they would need far lower grades than those quoted on the website. How do you respond?

Real Life examples You are an admissions officer who is told that a School wishes to close a programme for entry in 2017. How do you respond?

Real Life examples You are a publications officer and have been informed that information that YOU published four weeks ago in the UG prospectus is incorrect - core modules listed are not available and it has been incorrectly stated that the degree includes a placement year How do you respond? Disclaimer is it worth the paper it is written on? Reserve the right to change things blah blah blah…. Do you keep

What is the first thing you have to do? Real Life examples You’ve found out that a degree you’ve been advertising has the wrong units listed in the online prospectus. What is the first thing you have to do?

Real Life examples A degree programme leader has decided that they need to introduce a compulsory year abroad to the degree programme. This will be in third year and is to start as from 2017 for current students?

Real Life examples You are representing your subject area at an Open Day stand and a prospective student asks about a joint degree programme offered by your School. They complain that ‘the other’ subject area didn’t know anything about the programme content and sent them to you. However, you also only know about your subject’s input. How do you respond?

Real Life examples You receive a complaint from an offer-holder at a Post Offer Visit Day that, although your website and marketing brochure show images of an iconic, modern building – the student delivering the tour has just told them that only research students get to use that building. This was one of the main reasons why they had applied to Edinburgh… How do you respond?

Action plan! sorry no alan

Setting and respecting deadlines for change Actions Managing Change Planning ahead e.g. 5 years for UG core curriculum (from prospectus to final year delivery = 5 years) Setting and respecting deadlines for change Being aware of what might change and why (is it reasonable) and communicating it well internally and externally Actually not form Durham’s registrar.

Consider who owns and updates your content – allocate responsibility Actions Operational Controls Be clear about the roles of different marketing channels: prospectus, Degree Finder, School web pages, DRPS Consider who owns and updates your content – allocate responsibility Manage social media: clarifying the distinction between individual accounts and institutional accounts Who actually uses Social Media to impart “material information?”

admissions policies, fees, costs and deposits Actions Review Audit information published in all channels about degree courses and units - is it accurate and does it deliver on expectations? admissions policies, fees, costs and deposits Clean up/ remove old information on the web and ensure consistency of information across sources, ‘one version of the truth’ processes for amending degree courses and units Should also look at things like terms and conditions - the student contract and complaint handling procedures but really that’s not for recruitment types

Marketing information Actions Marketing information Be mindful of application timeline and publishing deadlines (PG information for 2017 going live now; prospectus and degree finder information for 2018 entry required soon…!) Detailed programme information - consider whether course handbooks for current students contain useful (or material) information for prospective students? Include information on any joint degree programmes Clearly indicate where information provided may be subject to change e.g. a ‘typical degree programme’

Open Days and recruitment events Actions Open Days and recruitment events Review (again) content on websites, presentations or handouts Brief all staff and students who may be helping on the day – verbal information is also covered! Encourage students to talk about their own experiences, making clear it is personal to them Ensure staff/students know where to direct queries that are not about their subject/service Should also look at things like complaint handling procedures but really that’s not for recruitment types

Universities can still make changes Don’t Panic Universities can still make changes Mistakes happen – no matter how good your processes Think of how ‘this’ will impact the students Keep prospective (and current) students informed Act rapidly

Consider Donald Rumsfeld There are known knowns. These are things we know that we know. There are known unknowns. That is to say, there are things that we know we don't know. But there are also unknown unknowns. There are things we don't know we don't know.

guidance https://www.gov.uk/government/publications/higher- education-providers-short-guide-to-consumer-protection- law https://www.gov.uk/government/publications/higher- education-consumer-law-advice-for-providers http://www.spa.ac.uk/documents/CompetitionConsumerLa ws/Eversheds_consumer_protection.pdf

Any questions? Niall Bradley Claire Forsman Head of Marketing sorry no alan Niall Bradley Head of Marketing Communications and Marketing Claire Forsman Head of Undergraduate Recruitment (UK/EU) Student Recruitment & Admissions