Source · Select Committees · Petitions Committee
Recommendation 3
3
Accepted in Part
Paragraph: 23
Students have a right to seek a refund or to repeat part of their course...
Recommendation
Students have a right to seek a refund or to repeat part of their course if the service provided by their university is substandard, but the exact circumstances in which students should expect to receive a refund or be able to repeat part of their course are not clear. Furthermore, given the scale of the disruption that has been caused by Covid-19—in addition to the strikes earlier in the year—and the numbers of students who may feel they are entitled to some form of reimbursement, it is not acceptable to expect individual students to seek satisfaction through existing complaints procedures or the courts. A new process needs to be put in place to consider complaints arising from Covid-19, and other out-of-the-ordinary events that affect the courses of large numbers of students, including large-scale strikes. The Government should work with the Office for Students and Office of the Independent Adjudicator for Higher Education to produce guidance on the circumstances in which university students are likely to be entitled to seek a refund or to repeat part of their course, and to establish a new system which enables all students to easily seek a full or partial refund of their tuition fees, or to repeat part of their course, based on an independent and objective assessment of the quality of education they have received over the academic year.
Government Response Summary
The government agrees that circumstances for student redress are unclear and states that guidance has recently been published to aid students and providers. However, it explicitly rejects establishing a new centralised system for tuition fee refunds, citing the individualised nature of student contracts and circumstances.
Paragraph Reference:
23
Government Response
Accepted in Part
HM Government
Accepted in Part
The Government is clear that students have rights under consumer law and has set out the process they should follow if they have been dissatisfied with their provider’s response to COVID-19. The Government agrees with the Committee’s view that the exact circumstances in which a student might receive redress are not clear. This is because the question of whether an individual student is entitled to redress will depend in part on the specific contractual arrangements between them and their provider. It will also depend on the student’s individual circumstances, given that the move to online tuition will have been different for students on different courses and at different universities. The result is that each student’s situation is unique, and each case will depend on particular facts. not satisfied with their provider’s response to COVID-19. This is available on the websites of the OfS, OIA and the QAA. The Competition and Markets Authority (CMA) has also published guidance on consumer contracts, cancellation and refunds affected by the coronavirus outbreak. This sets out the CMA’s view on how the law operates to help consumers understand their rights and help businesses treat their customers fairly. the terms of their contract and their particular circumstances. Despite the complexities of individual student experiences and contractual arrangements, it is a clear expectation of both consumer law and OfS registration conditions that providers have accessible complaints processes. The Government has been clear that it expects providers to continue to operate their complaints processes transparently during the pandemic. Providers could do more to make students aware of complaints processes, how to access them and what the process entails. The Consumer Benefit Forum, made up of representatives of the Department for Education, CMA, OfS and OIA, already meets on a regular basis to consider emerging issues of mutual interest in the higher education sector. In addition, the Department for Education has set up a working group with the OIA, CMA, OfS, Universities UK (UUK) and the National Union of Students (NUS) to consider whether the range of existing guidance can be brought together to help students and providers understand this complex area. needed, and how the understanding of providers’ consumer law obligations can be further supported. The OIA is currently developing a bespoke approach to handling complaints made by very large groups of students. These might arise from events that cause widespread disruption in the higher education sector, such as the pandemic or industrial action, or events causing significant disruption at a single provider affecting several hundred or more students, such as a large course or campus closure, or market exit. The approach would involve looking at large group complaints collectively rather than focusing on individual aspects. It would be designed specifically to promote speed and efficiency whilst maintaining basic principles of fairness. The intention would be to use this approach if indications are that a large number of students intend to progress complaints about disruption caused by COVID-19. However, due to the individualised nature of student contracts and student circumstances, a new centralised system to support students seeking tuition fee refunds is not a preferred option at this time. Any such system would risk depriving institutions of the opportunity for early resolution of complaints with students, in situations where remedies other than refunds would be more helpful or beneficial to a student. institution, thereby replicating the first step in the established process for complaints – students in England and Wales first follow their institutional complaints process, and if they are not satisfied with the outcome can take their complaint forward to the OIA.