23.Students will usually be able to make a complaint or academic appeal themselves. However, there may be cases where a student is unable or reluctant to make a complaint or academic appeal without support. It is reasonable for providers not to accept complaints from third parties unless they are acting as a student’s representative. It is usually appropriate to ask the student to confirm their agreement before accepting a complaint or appeal from a third party on their behalf.
24.It is good practice for the provider’s regulations to permit students to be supported, advised or represented by third parties, for example an officer or adviser from a student representative body. If a student has a representative, that should not delay the process.
25.The provider may give examples of who can, or can’t, act as a supporter or representative for the student and explain what their role in the process will usually be. However, the provider will need to apply its normal policy flexibly, for example to make reasonable adjustments, or because it may disadvantage the student if the requirements were applied rigidly.
26.Providers’ internal complaints and appeals procedures do not have the same level of formality as a court of law. In most cases it will not be necessary, appropriate or helpful for a student or the provider to be legally represented during a complaint. Legal representation at an academic appeal hearing would only be appropriate in very exceptional circumstances. The involvement of a legal representative has potential to change the nature of the procedure or delay the process.But where a student asks to use a legal representative, the provider should carefully consider whether it would be reasonable in the particular circumstances of the case to allow them to do so. It is not good practice to ban students from using legal representation entirely.
27.Providers do not normally have an obligation to contribute towards the costs of a student’s legal or other representation. However, it may be appropriate for providers to consider doing so where some form of representation is necessary to prevent a disadvantage to a disabled student. This is because the provider must make its procedures accessible. Students should not be expected to use personal support resources intended for their academic work, funded by Disabled Students’ Allowance, on complaints or appeals.
An autistic student complains to their provider about access to specialist equipment in a laboratory and their interactions with the module lead. The student finds it difficult to articulate their complaint and the thought of a meeting to discuss the complaint is overwhelming. A student adviser at the provider’s student representative body helps the student to complete the complaint form and supports them through the initial process. The student has previously had help from an organisation that supports autistic adults in navigating formal processes such as employment or housing disputes. The student would like to use this support again. The provider agrees to contribute to the cost of a representative with experience in supporting autistic adults to attend the complaint meeting with the student.
