The OIA’s consultation on changing the Scheme that guides decisions on students’ complaints has just passed the half-way point and the organisation is highlighting two of the key changes as it moves from rules to a principles-based approach.
Shortening the time to bring complaints from a year to six months, and changing the definition of a student, are due to form part of the new scheme following its launch in September 2027.
Helen Megarry, Independent Adjudicator for Higher Education in England and Wales, said: “We’ve already seen significant interest in our new scheme, with more than 100 people asking to join our discussion groups. This is really heartening; it shows there is an appetite within the casework community for change, for processes which are easier to navigate, explain and work within.”
Shortening the time frame for complaints
Video transcript (PDF | 163KB)
The OIA says the key benefit to students is based on overall earlier resolution, on two fronts:
Complaints arriving within six months of the end of a provider’s internal process means a wider range of solutions for students are possible. Some remedies may not be available when complaints arrive after longer periods of time, for instance because a module is no longer available or a student has graduated. Returning to a course or re-taking an assessment would be more feasible if complaints arrive in a shorter time frame, the OIA argues.
Issues around access to evidence if a student has left the provider during the year before they complain could be more difficult, as students may not have emails or files which support their complaint. With longer passage of time, it is possible details of situations forming part of a complaint may also become blurred.
By shortening the time frame and therefore encouraging applications to the OIA closer to the time of an issue arising, the impact on students is reduced. Having a year to apply, after an internal process, means an issue could create worry or distress for longer overall. By cutting the time frame, that period of stress is reduced
Helen Megarry said: “A shorter time frame is in students' favour, it means a quicker resolution overall, reducing the pressure on students’ and making a wider range of solutions possible.”
The added benefit of a shorter time frame is that providers will have the opportunity to get the benefit of learning from those complaints sooner, and prevent future issues arising.
Changing the definition of a student
Video transcript (PDF | 164KB)
The current scheme views a student as a person who has registered for a course of study, which can happen well after they have accepted an offer to study, which is the proposed new starting point.
This allows the OIA to review complaints from the point which the Competition and Markets Authority says students have entered a contract with their provider, but before they register and begin their studies.
As has always been the case, complaints about admissions decisions involving academic judgment would still not be accepted, the OIA has confirmed. And students would still need to follow a provider’s internal process before coming to the independent body.
The new starting point would mean issues like changes in terms, course content or set up could be reviewed.
It may help vulnerable students who might be less able to switch courses, or are more reliant on particular facilities or accommodation, which could cause an issue if they change.
Helen Megarry added: “Students can make significant decisions about where to study based on facilities, course content or many other variables right at the very start of their higher education journey.
“It’s right that they have the protection of an independent review from the moment they enter into a contract with a provider. For us this is about fundamental fairness and meeting expectations from the outset.”
The OIA has confirmed that when the scheme changes, its core principles of free use for students and independence from higher education providers, regulators, government and others will continue.