11Our Rules allow us, in exceptional circumstances, to review a complaint when the student has not completed the provider’s internal processes and/or does not have a COP Letter.
We might decide to accept a complaint where:
- There has been undue delay by the provider in progressing the complaint, and there appears to be no prospect for early resolution;
- The provider has unreasonably refused to issue a COP Letter or where there is nothing to be gained by progressing with the internal processes;
- The student has failed to escalate the complaint or appeal in time and the provider has issued a COP Letter saying that they are now out of time to do so. In those circumstances we would consider whether the provider has acted reasonably in deciding that the student is out of time, and whether it followed its procedures;
- The student raises issues in their OIA Complaint Form that were not covered by the COP Letter and we consider that it would be pragmatic to deal with those secondary issues at the same time as the primary issues raised with the provider.
We will not normally consider a complaint that arises from information or evidence that the student has obtained after the date of the COP Letter or, where they do not have a COP Letter, more than 28 days after the student stops being a student.
