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

2. 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

3. 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

4. Number of complaints received per year

5. 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

6. 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

7. 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.

8. 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.

9. Consumer complaints – what we see
Some stats

10. Consumer complaints – what we see
Some stats

11. 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

12. 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?

13. 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

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

15. 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)

16. 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

17. 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

18. 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

19. Industrial action: non-delivery (1)
Industrial action case summaries: publications/case-summaries
Academic disadvantage
Learning opportunities
One size does not fit all!

20. 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.

21. How to contact us Website: www.oiahe.org.uk Telephone: 0118 959 9813
General queries:
Outreach & visit enquiries:
Follow us
@oiahe | @fmitchelloia
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