1. Communications and Marketing February 2017
Competition and Markets Authority (CMA) Guidance; impact on student recruitment communications
Communications and Marketing February 2017

2. What is the CMA? Competition and Markets Authority
UK government department (non-ministerial)
Regulates business competition in the UK and works to prevent anti-competitive activity
Replaced former Competition Commission and Office for Fair Trading in 2014

3. Background (1)
October 2015: New Consumer Rights Act (CRA) came into force
CMA guidance published in March 2015 to help UK HE providers understand their responsibilities under consumer protection law
Applies to the relationship between HE providers and prospective and current students
Guidance applies to study at all levels

4. Background (2) Guidance split into three parts:
Information provision (“material information”)
T&Cs between HE providers should be fair
Complaint handling processes should be fair and transparent
Overall responsibility for UCL’s CMA response resides with SRS
Requirements for those involved in student recruitment comms relate to information provision.

5. Material information should be:
Timely (i.e. available to students at the time they are making their decision)
Up-front, honest, no omissions
Easy to find and accessible
Covers visual and verbal information as well as written

6. What is meant by “material information”?
Programme Title
Entry requirements, including UK and International qualifications
Core and optional modules
Programme Structure (what modules are studied in each year including year abroad)
Method(s) of assessment for the programme
Contact hours and workload
The award to be received on successful completion
Location of study or possible locations
Length of programme
Whether the programme and provider are regulated and by whom
Whether the programme is accredited
Any particular terms, such as those in the HE provider’s rules and regulations, that apply to the programme that students may find particularly surprising
Total programme costs (Tuition fees plus extra costs, e.g. for fieldwork, extra equipment or materials, costs associated with year abroad)
Information about the accessibility of learning support facilities such as library opening times, the course timetable
Details of modules that must be completed in order for the award to be accredited on completion of the programme
Information for disabled students
Qualifications of teaching staff
Scholarships, bursaries, funding

7. Help! The Prospectus can’t cover all this for a variety of reasons:
Some information is simply not available
Some information always subject to change this far in advance
Problems gathering very detailed information
Departmental/faculty websites often fill in the gaps, but not consistent. Improve co-ordination

8. Communications mix Prospectuses ___________________
Departments/faculties

9. Changes made to Prospectuses
Expanded guide to additional costs (equipment, materials, travel/accommodation for fieldwork, etc)
General disclaimer (with the help of Legal)
Automated “last updated” field so currency of information can be judged
Expanded fees field with clearer information about fee increases
Expanded KIS explanation
Accreditation field (in progress)

10. Important to remember:
The CMA document is guidance only – setting out the requirements for compliance with consumer law as the CMA sees it.
“Not a substitute for the law itself, nor does it replace the role of a court”.
Full implications & what is expected of universities will only become clear after the first test cases – ideally these will not involve us.

11. What happens if we don’t comply?
Could be subject to enforcement action by CMA/ASA/QAA
Could be subject to legal action by students
Serious implications for UCL’s reputation
Fines and potentially unlimited transfer and relocation costs if incurred by ‘wronged’ student. Payable by department responsible.
Audit of preparedness

12. Summary
If involved in student recruitment, this is your responsibility to know and understand
Embed advice and guidance in what you do and content you provide
Key issues are: accuracy, transparency and timeliness
UCL CMA website in development – but cannot cover all situations.

13. Further information
CMA resources relating to student recruitment:
Student and Registry Services: Edel Mahony is leading on providing departmental guidance and overall UCL policy:
- advice for HE providers (their obligations under the CRA) and students (their rights as consumers)
UCL Legal Services