Independent higher education adjudication scheme extended to colleges

Under the 2015 Consumer Rights Act, which implemented new EU alternative dispute resolution rules into UK law, students studying a wider range of courses can go to the Office of the Independent Adjudicator (OIA) if they are unable to resolve their complaint through the provider's own processes. The change took effect on 1 September 2015, in time for the new academic year.

Universities law expert Nicola Bradfield of Pinsent Masons, the law firm behind Out-Law.com, said that it was "sensible and fair" for the scheme to be "extended to all students studying for the same qualification, regardless of where they are studying".

"However, institutions and students are already experiencing substantial delays and inconsistencies in decision-making," she said. "Expanding the scheme before dealing with these issues could make the problems worse, and may result in a loss of confidence in the OIA."

Established in 2004 under the Higher Education Act, the OIA has the power to review individual complaints by students against higher education providers in England and Wales. Students that have exhausted their institution’s own complaints process but are still not satisfied can refer their complaint to it. Like similar statutory 'ombudsmen', the OIA does not have regulatory powers over providers. However it can uphold or dismiss complaints, and can recommend suitable redress.

The OIA’s expanded jurisdiction covers all providers offering higher education courses that are designated for student support funding, and institutions with degree awarding powers. This will include many further education colleges, alternative providers, sixth form colleges and providers of school-based teacher training programmes. It will not apply to complaints about issues that occurred before the beginning of this academic year.

“No matter where a student chooses to study he or she needs to be confident that, if things do go wrong, there is a clear, independent and transparent process to raise issues and, if necessary, complain formally,” said Rob Behrens, the OIA’s chief executive. “The OIA has always argued that all higher education students should have the same right to seek independent redress if issues can’t be resolved locally.”