Student complaints and consumer rights issues NUS Membership Services Conference 13 August 2019 Felicity Mitchell Independent Adjudicator

Who we are We run the student complaints Scheme for England and Wales Compulsory membership – >800 higher education providers We are independent & free to students/trainees Company not limited by guarantee; charity We are an alternative to the courts – EU ADR directive

What we do We review complaints Independently, impartially and transparently We make Recommendations to put things right Remedies for students and changes to practice We share learning To help improve policies and practice in HE

Number of complaints received per year

Complaints we can/can’t look at academic appeals extenuating circumstances teaching and facilities financial matters disciplinary matters academic misconduct bullying and harassment fitness to practise discrimination admissions academic judgment employment matters complaints about non- member subject to legal proceedings another ADR body

Our review We review: normally focus on the provider’s final decision Can we settle it? We decide whether the complaint is Justified, Partly Justified or Not Justified – Complaint Outcome Recommendations: Student focused Good practice

Consumer legislation: Give students information they need to make an informed decision before they apply: course content and structure; total costs of the course; T&Cs T&Cs (including rules and regs): clear and transparent; T&Cs: fair balance between provider & students; Surprising or important terms are brought to students' attention; Providers cannot enforce unfair T&Cs.

CMA guidance Prospective students: information - accurate, clear, unambiguous and timely; Acceptance of offer: provider and student enter into a contract; Material pre-contract information changes at offer stage: student’s agreement needed; Things might change after the offer is accepted: student must be told in pre-contract information; Any further changes should be notified to students ASAP.

Consumer complaints – what we see Some stats

Consumer complaints – what we see Some stats

Consumer complaints – what we see Misleading info in prospectus, at application or at admission Changes to tuition/bench/write up fees Unforeseen costs Unfair rules or procedures Poor service, facilities, delivery Non-delivery Course, site or provider closure

Consumer complaints: our approach What was promised? What could the student reasonably expect? What was delivered? Did the delivery match the promises / reasonable expectations? If not, what has the provider done to make it up? If provider has not done enough, what is the remedy?

Case study: 1 misleading information (1) Student on Graduate Diploma in Law – 2 year Registered for “top-up” year to convert to LLB degree Awarded unclassified degree provider does not classify degrees for students on top-up route provider did not explain this to student in advance

Case study 1: misleading information (2) Settled: provider agreed to consider their mark profile and awarded a first-class degree.

Case study: 2 surprising and important term (1) Final year law student Passed all law modules (2.1) but failed option “Bad fail rule” – required to resit all exams following year (no summer resits)

Case study: 2 surprising and important term (2) Partly Justified “Bad fail rule” not reasonable Unusual and potentially onerous term No reasons given for rule Recommendations: Resit failed module only following year Change classification scheme – introduce summer resits or drop requirement to sit all final exams in one go

Case study 3: value for money/teaching quality (1) 8 students on healthcare-related course: complained about delivery and support No personal tutor; teaching hours cancelled; delays in making materials available online; students not taught necessary skills; behaviour of one staff member

Case study 3: value for money/teaching quality (2) Partly Justified: significant failings; didn’t follow consumer protection legislation; offer of compensation inadequate. Recommended: £2,140 refund to each student + £1,500 distress and inconvenience

Industrial action: non-delivery (1) Industrial action case summaries: https://www.oiahe.org.uk/resources-and- publications/case-summaries Academic disadvantage Learning opportunities One size does not fit all!

Industrial action: non-delivery (2) Exclusion clause? Complaints process Remedies: Tuition fee refund - cost of missed hours LESS other running costs take account of stage, nature of course distress and inconvenience, wasted travel costs etc.

How to contact us Website: www.oiahe.org.uk Telephone: 0118 959 9813 General email queries: enquiries@oiahe.org.uk Outreach & visit enquiries: outreach@oiahe.org.uk Follow us @oiahe | @fmitchelloia Office of the Independent Adjudicator officeindependentadjudicator