41Where only one provider in a partnership arrangement is a member of our Scheme, a student may only bring a complaint to us about what that partner has done or not done.
42Only providers that are members of our Scheme may issue Completion of Procedures Letters telling students that they have the right to make a complaint to us. It is possible that a partner that is not a member of our Scheme will carry out the final stage of a complaint, appeal or other internal process. Providers that are members of our Scheme must still ensure that students are made aware of their right to use our Scheme by issuing a Completion of Procedures Letter. It is good practice to set out any aspects of the process that are the sole responsibility of the non-member partner, and to indicate that the OIA may not be able to look at these. This can help the student decide whether to make a complaint to us and will assist us in making a decision about what we can or cannot review under the Rules of our Scheme.
The awarding partner is a member of our Scheme but delivery partner(s) are not members of our Scheme
43An example of this arrangement is where a partner provider that is not in England or Wales delivers learning opportunities that lead (or contribute) to an award of a provider in England or Wales.
44A student can bring a complaint to us about what the awarding partner has or hasn’t done.
45Students studying at the delivery partner will only be able to complain to us about issues that the awarding partner was responsible for under any regulatory requirements and its arrangement with the delivery partner. Delivery partners that are not members of our Scheme should not issue Completion of Procedures Letters.
46Awarding partners should ensure that students studying at a delivery partner are given clear, accurate and timely information about complaints, appeals and other internal processes that the awarding partner has a role in. Where this information is provided to students directly by the delivery partner, it is good practice for the awarding partner to review the information periodically to make sure that it remains up to date and correct.
47If a student tries to complain to the awarding partner about something that is the responsibility of the delivery partner, the awarding partner should signpost the student to the delivery partner’s complaint procedure. It will usually be enough to provide the student with information about how to complain to the correct partner, and will not usually be necessary to issue a Completion of Procedures Letter stating that the awarding partner is unable to consider the student’s concern. However, in cases where a student fundamentally disagrees with the decision about the awarding provider’s remit, it may be helpful to issue a Completion of Procedures Letter. We could then review a complaint about the awarding provider’s decision not to accept the complaint.
Case study 5: The awarding partner is a member of our Scheme but delivery partner(s) are not members of our Scheme
A provider in England, and a university in the USA, have developed a collaborative programme. Students rotate where they study between England and the USA and on successful completion are awarded a degree by the provider in England.
Whilst studying in the USA a student submits a complaint about the quality of teaching on the course, which the awarding partner considers. The student also complains about catering, which is referred to the university in the USA for a response. This is in accordance with the agreement between the providers and allows the student to complain to the awarding partner about issues that it is responsible for under any regulatory requirements.
At the end of the Complaints Process, the student is issued a Completion of Procedures Letter about the aspects of the complaint the awarding partner has considered.
The delivery partner is a member of our Scheme but awarding partner(s) are not members of our Scheme
48An example of this arrangement is where providers in England or Wales deliver courses leading to the award of a qualification by a partner that is not in England or Wales, usually one that has degree-awarding powers in its own jurisdiction.
49Another example of this arrangement is where providers in England or Wales deliver higher education courses that lead to qualifications awarded by an external awarding organisation that is regulated by Ofqual (England) and/or Qualifications Wales (Wales) or other professional body. Examples are Higher National Certificate and Higher National Diploma programmes awarded by Pearson, and certificates and diplomas awarded by the Association of Chartered Certified Accountants. Most awarding organisations regulated by Ofqual or Qualifications Wales don’t have to be members of our Scheme but they may join the Scheme voluntarily. (Where the awarding organisation has joined our Scheme voluntarily, the guidance at paragraphs 20-29 above applies).
50Sometimes there is more than one delivery partner involved in delivering learning opportunities leading to an award made by an external awarding organisation. In this section the term “delivery partner” could refer to one or both of them depending on the context.
51The awarding partner is usually responsible for the overall quality and standards of the qualifications that it awards and so it is likely to have some responsibility for handling complaints about academic standards issues and academic appeals from students in this kind of arrangement. Delivery partners may also have some responsibility for quality and standards of the course.
52A student can bring a complaint to us about what the delivery partner has or hasn’t done. But students will not be able to complain to us about issues that the awarding partner was responsible for under its arrangement with the delivery partner. Awarding partners that are not members of our Scheme should not issue Completion of Procedures Letters.
53If a student tries to complain to the delivery partner about something that is the responsibility of the awarding partner, the delivery partner should signpost the student to the awarding partner’s complaint procedure. It will usually be enough to provide the student with information about how to complain to the correct partner, and will not usually be necessary to issue a Completion of Procedures Letter stating that the delivery partner is unable to consider the student’s concern. However, in cases where a student fundamentally disagrees with the decision about the delivery provider’s remit, it may be helpful to issue a Completion of Procedures Letter. We could then review a complaint about the delivery provider’s decision not to accept the complaint.
54When the awarding partner is not a member of our Scheme, it will be for them to inform the student of their complaint process and any next steps, for example how to complain to their regulator if applicable.
55A delivery partner should issue a Completion of Procedures Letter when there are no further steps the student can take to pursue their concerns internally about matters that it has responsibility for. It may be necessary for the delivery partner in England or Wales to issue a Completion of Procedures Letter at the end of a process even where it has not conducted that process.
56Where the awarding organisation is regulated by Ofqual or Qualification Wales there is a specific Completion of Procedures Letter template to use.
57If the student complains to us, we will check whether the complaint is something we can look at. If the complaint is about something the delivery partner is responsible for, for example how it has delivered the course, then we will review it provided it is not otherwise ineligible for review under our Rules. If we decide the complaint is something the awarding partner is responsible for, for example the overall quality or standards of the qualification itself, we will tell the student and may direct the complaint to the awarding partner.
Case study 6: The delivery partner is a member of our Scheme but awarding partner(s) are not members of our Scheme
A student makes an academic appeal to the delivery partner based on personal circumstances that they had not previously told the delivery partner about. Under the agreement between the partners the delivery partner is responsible for assessing the request for additional consideration and where applicable making a recommendation to the awarding partner about how it is taken into account. The delivery partner decides that there was no good reason for the student not sharing the information at the relevant time. The delivery partner recommends that the appeal is not upheld because the grounds have not been met. The awarding partner confirms that decision at review stage.
The delivery partner issues a Completion of Procedures Letter (as it is the member of our Scheme) on the basis that there are no further steps that can be taken under its procedures. The student can bring a complaint to us about the delivery partner.
Other forms of partnership
Apprenticeships
58An apprenticeship is a job with training to industry standards. Apprenticeships usually involve an apprentice, an employer and a training provider. An apprenticeship training provider might be a further education college or university or an independent training provider. Apprentices can bring a complaint to us about their training provider if it is a member of our Scheme and we will decide if we can look at the complaint under our Rules.
59There may also be a separate end point assessor. The arrangements for the end point assessment in degree apprenticeships will depend on whether and how the occupation is regulated. An apprentice may be able to complain to us about their end point assessment if the assessor is a member of our Scheme.
60An apprentice is an employee as well as a student. This means that they have employment rights that may be relevant if things go wrong during an apprenticeship. We cannot look at complaints about the employer, and employers may not issue Completion of Procedures Letters, unless the employer is also acting as the training provider and it is a member of our Scheme.
61Only the apprentice, or someone they nominate to represent them, can make a complaint to us. We cannot look at complaints that an employer may have about a training provider or end point assessor even if those providers are members of our Scheme.
62An apprentice will usually sign an apprenticeship agreement and a training plan. The training plan sets out the training to be delivered and the commitment of the training provider, the employer and the apprentice to the programme. It should also outline the process the apprentice should follow if they have a query or complaint. This agreement will be our starting point for complaints about the training provider.
63A provider may have separate complaints, appeals and other internal processes specifically for apprentices because of the different bodies involved and regulatory context but these should still follow the principles of the Good Practice Framework. Apprentices should have access to clear information about where and how to raise concerns about different aspects of their training and assessments. The provider’s procedures should be clear about what, if any, role the employer might play in the complaints or appeals process.
64The providers and organisations involved in delivering an apprenticeship should work together to make sure that apprentices have clear information about which body is responsible for different aspects of the apprenticeship, how apprentices can raise concerns or complaints, and how to make an academic appeal.
Institutes of Technology
65Institutes of Technology are collaborations between further education providers, universities and employers delivering higher technical education in England. The different bodies involved in an Institute of Technology should work together to make sure that students have clear information about which body is responsible for different aspects of their studies, how students can raise concerns or complaints and how to make an academic appeal, and routes to our Scheme, taking into account the principles above.
Providers working in partnership with other organisations and commercial entities
66Sometimes providers will work with other organisations or businesses, for example online learning platform developers, to design and deliver a course. Providers should ensure that information about their role in such partnerships is clear and accurate for students who may use the service or undertake a course of study. Providers will almost always be responsible for the quality of the teaching and learning experience, for supporting the students, and for the standard of the award in these arrangements. They should give students clear information about how to raise concerns about the course itself, and about the administration of it, and how to escalate their concerns through the provider’s complaints or academic appeals procedures.
67There are other forms of partnership between a provider and another organisation, that may affect students. For example, a commercial organisation may contribute funding and materials for a research project that postgraduate students participate in through the research they are undertaking for their award. Students should not usually be expected to make a complaint to an external company about something that the company has done or not done that has affected their studies. Usually a student should raise any concerns about their experience with the provider, and where necessary the provider should liaise with the external company to explore the issues.
Case study 7: Other forms of partnership
A student is studying an online course via an online platform that is not a member of our Scheme. The online course allows students to gain a credit against a module from an awarding provider if they demonstrate they have met the learning outcomes by successfully completing a relevant assessment. The student completes and fails the assessment. They submit an academic appeal to the awarding provider, which is a member of our Scheme. The appeal is not upheld as a challenge to academic judgment and a Completion of Procedures Letter is issued.
The student can bring a complaint to us about the awarding provider’s handling of the appeal and its decision not to uphold the appeal.
Case study 8: Other forms of partnership
Five postgraduate students use a database of test results supplied by a pharmaceutical company in partnership with a university. They suddenly have difficulty in logging in to the system. They make initial enquiries to the pharmaceutical company and are told that the number of licences has been restricted due to cost cutting measures.
The students raise the problem with the university. The university negotiates an agreement that two students may continue to have a licence. The licences are given to the students who have progressed furthest in their research and the university supports the other students to adapt their work. One student complains because they did not get a licence and did not want to change their research topic. The university considers the complaint and issues a Completion of Procedures Letter.
The student can bring a complaint to us about how the university responded to their concerns.
Placements
68It is common for students to undertake placements which contribute to their learning, for example, in the NHS, in schools or in industry. Day-to-day issues may be best resolved by placement staff. However, students should not usually be expected to use the placement provider’s formal complaints process to raise something that the placement provider has done or not done that has affected their studies. Usually a student should raise any concerns about their experience with either the delivery partner (if there is a separate one) or awarding partner, and where necessary that provider should liaise with the placement provider to explore the issues.
69Sometimes a student may also be employed by the organisation that is providing the placement opportunity. It may be appropriate for a student to complain directly to the placement provider where their concerns relate to their experience as an employee (for example, a dispute about their pay and benefits).
Case study 9: Other forms of partnership
A student is studying Adult Nursing at a provider that is a member of our Scheme. The student undertakes a placement at an NHS Trust but the placement is terminated early due to professionalism concerns around the student’s attendance and communication about their absence. The NHS Trust informs the provider that it is not prepared to offer the student a new placement within the Trust.
The student appeals the decision to terminate the placement. The provider investigates and upholds the appeal on the basis of the student’s compelling personal circumstances and because the NHS Trust confirms that there were some accepted problems during the placement as the mentor was also off on sick leave for a period of time. The provider offers to arrange a new placement at a different NHS Trust, and issues a Completion of Procedures Letter.
The student can complain to us about how the provider handled and responded to their appeal, but not about the NHS Trust’s decision not to take them back.
70Providers may have partnership arrangements with several different providers and awarding organisations. As set out above, the arrangements for handling complaints, academic appeals and other internal processes may vary. Where there are several different routes available to students on different courses, it may be confusing to publish detailed guidance for each route. Rather than expect students to select and navigate the correct procedure from a wide range of options, it is good practice to emphasise the steps a student must take to initiate a process. Whichever provider is handling the first stage of a process should give clear information to the student about how to take the complaint, academic appeal or other matter to the next stage if they wish to.
