The OIA has outlined a series of proposed changes to its Scheme in a consultation which launches on 18 May. They include proposals relating to how the Scheme is structured, the point at which someone may be considered a student for the purposes of the Scheme, the time limit for bringing complaints, and changes to reflect the OIA’s intended future role in Wales.
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The proposals form part of a broader move towards a more principles-led Scheme. Under the approach being consulted on, the current 23-point Scheme, which includes 130 sub-clauses, would be replaced by a shorter 13-point version. It would be supported by a shorter Explanatory Note, updated more regularly, in place of the current 15-page Guidance Document.
The consultation will set out the full proposed Scheme in detail. The OIA’s Board is expected to consider the outcome of that consultation in the winter, with any revised Scheme intended to come into force in autumn 2027.
Definition of student
At present, the OIA generally recognises a student for the purposes of the Scheme from the point of registration. Under the proposed Scheme, this would move to an earlier point, when someone has accepted an offer to study with a provider.
This reflects the point at which a contractual relationship is generally understood to arise between a provider and a prospective student in consumer protection guidance. In practice, it could allow some pre-registration complaints to be considered by the OIA, subject to the scope of the Scheme and the usual considerations about whether a complaint is one the OIA can review.
Changes to reflect role in Wales
The proposed Scheme also includes updates to reflect the OIA’s intended future role within Wales’s developing tertiary education system. Subject to Welsh Government policy implementation and the necessary regulations, it is intended that from September 2027 the OIA will be able to review complaints from a wider group of tertiary learners at Welsh further education providers.
The OIA already reviews complaints from some students studying below higher education level in certain settings. The proposed changes are intended to ensure that the Scheme is ready to reflect the next stage of planned reform in Wales, which has been developed through Welsh Government consultation and previous public policy commitments.
As part of that, the OIA is also proposing a name change from the Office of the Independent Adjudicator for Higher Education to the Office of the Independent Adjudicator for Student Complaints. This is intended to better reflect the breadth of the OIA’s role as its remit develops.
Time limit for complaints
The OIA proposes a change to the time limit for students to bring a complaint, from 12 months to six months, as now beginning after their provider’s internal procedures have finished.
The average time taken for a complaint to reach the OIA in 2025 was 99 days, or just over three months. Analysis of current complaints suggests that a six-month limit would be proportionate and would still allow enough time for students to bring complaints. Changes in legislative frameworks have made this revision possible.
Improving understanding and accessibility
Helen Megarry, Independent Adjudicator, said: “We want to make it easier for students to understand who we are, what we do, and what they can expect when they bring a complaint to us. At what is often a stressful point for the people involved, clarity matters.
“These proposals are intended to support a Scheme that is clearer, more accessible and easier to navigate, while continuing to reflect our legal responsibilities and the independent role we play.
“Our current Scheme has many strengths, but it is detailed and in some areas can be difficult to follow. We think there is value in consulting on whether a more principles-led approach, supported by clearer explanatory material, would help students, providers and others to understand the process more easily.”
What the proposed Scheme is intended to achieve
The proposed Scheme is intended to set out more clearly how the OIA discharges its duties under the Higher Education Act and how it approaches the exercise of its discretion. It is also intended to provide greater clarity about the OIA’s remit, the expectations it places on providers, and the types of complaints it can and cannot review.
The proposals are intended to:
- clarify the principles that guide casework and the exercise of discretion,
- provide a clearer explanation of the OIA’s role,
- support understanding among students, providers and other stakeholders,
- enhance accessibility, and
- allow for a more flexible and proportionate approach.
Anyone working in higher or further education who would like to be kept informed about the consultation will be able to subscribe to the OIA’s e-newsletter mailing list.