• Contact Us

Office of the Independent Adjudicator for HE's Annual Report 2017

on Thursday, 17 May 2018.

The OIA's annual report 2017 was published towards the end of April 2018. As always, it contains interesting information about trends in student complaints. We highlight a few of these that we think will be of particular interest...

...to those dealing with student complaints in HE providers.

What Is It about Law and Business Students?!

It will come as no surprise to those providers with Law and Business students that the OIA received more complaints from students studying Law and Business than any other subjects. The OIA suggests that this is because they are more keenly aware of the link between their student experience and their career path, but whatever the reason institutions with Law and Business courses may want to review and monitor these subject areas, especially given the indication by the OfS that complaints by students will be relevant evidence in assessing whether providers are complying with ongoing conditions of registration.

Fitness to Practise

Most of the fitness to practise complaints were about whether the student had a fair hearing and about the appeals procedure. In particular, students raised concerns that decision-makers had not properly considered or analysed the evidence and about the fairness and proportionality of the sanction that was imposed. This accords with what we often see when advising institutions on fitness to practise issues.

Any providers that deliver courses where fitness to practise may be a relevant consideration may want to think of introducing training for those who may sit on fitness to practise panels and appeal panels. Often members are expected to make decisions solely due to their academic speciality or ability and are not being equipped to deal with some of the core requirements such as fairness and natural justice and ensuring that they address all the issues. Even if members properly consider or analyse the evidence the outcome decision needs to be carefully drafted to ensure that this consideration and analysis is clearly explained.

Students with Mental Health Difficulties

The OIA reports having dealt with a number of very complex and sensitive complaints in which the students had disclosed to the provider (and subsequently to the OIA) that they had mental health difficulties.

One of the case studies cited is a timely reminder that focus just on reasonable adjustments can leave providers exposed to claims of discrimination arising from a disability. In the case study in question, the OIA upheld that part of the complaint that related to the decision of the provider to apply its policy that students who are removed from a course of study may not study at the provider again. The OIA took the view that it was not fair for the provider to apply its policy because the student had been unable to complete her studies on time for reasons arising from her disability.

The Good Practice Framework - Supporting Disabled Students

During 2017, the OIA published two new sections of the Good Practice Framework. One of these is on supporting disabled students.


For more information, please contact Jane Byford in our Employment Law team on 0121 227 3712. 

Leave a comment

You are commenting as guest.