Our casework can help to put things right for students in many different ways.
Reaching a settlement of a complaint can often be a positive way forward for everyone. Where that is not a suitable option, if we decide that a complaint is Justified or Partly Justified we usually make Recommendations. In 2022 we made Recommendations in around 270 cases. Our Recommendations aim to put things right for the student or students involved (“student-centred Recommendations”) and, where appropriate, to improve procedures or processes for the benefit of other students as well (“good practice Recommendations”). In complaints we have not upheld, we may still make suggestions to help providers to improve their practices.
The practical outcome of a complaint is of course very important for the student. But so is how they feel. Knowing that an independent organisation has looked at their concerns, even if the outcome is not what they hoped for, can be reassuring and can sometimes help to bring closure to often long-running and emotional involvement with their complaint.
Early resolution and settlement
Our case-handlers look for opportunities to resolve a complaint at an early stage where possible. Sometimes talking through a complaint with a student, either before they submit their complaint to us or in the early part of our process, can give the student a new perspective on their complaint and they may decide not to pursue it further. For example, we may be able to explain that the steps a provider has already taken to resolve their complaint appear to be reasonable, or that the remedy the student is seeking is unlikely to be possible.
Settlements can be a quicker and less stressful way to resolve complaints. They can be particularly beneficial for students who are continuing with their studies because it can help to restore a relationship of trust with their provider. Settlements can also offer greater flexibility in the remedy for the complaint. Examples of settlement agreements that students and providers agreed to in 2022 included:
- To uncap a student’s module mark, to recalculate the student’s overall award mark using the uncapped mark, and to reconsider the student’s profile and the new award mark to see if they were eligible for a higher degree classification. This was because we were concerned that the provider had applied its regulations unfairly. The student was subsequently awarded a first class honours degree.
- To remove a clause in the provider’s pre-existing offer to settle the student’s complaint that tried to prevent the student from speaking about their complaint or taking any further action in relation to any other complaint the student might have about the provider.
- To reconsider whether a student was able to continue with their studies under the provider’s support for study process, and to apologise and pay them compensation for distress caused by not following the process fairly.
Student-centred Recommendations
When we uphold or partly uphold a complaint, where possible we recommend a practical remedy or remedies to put the student back in the position they would have been in if things had not gone wrong. Examples of practical remedies we recommended in 2022 included:
- To reconsider the decision not to allow a disabled student to step away from their studies for a period (as well as to pay the student some compensation). This was because the provider didn’t properly consider the knock-on impact of a lack of support in the student’s first year on their progress in the second year, or think about whether additional support might be needed when their mental health deteriorated.
- To remove a cap on resit marks because the provider had not fairly applied its policy to adjust the assessment regulations for students affected by the disruption caused by Covid-19.
To rehear a case of suspected academic misconduct against a student as the original process had not been fair.
- To send a student an outcome to their complaint about a member of staff, setting out what the provider had decided the facts of the case were, whether it had decided that the behaviour in question would reasonably leave someone distressed, whether it had identified any changes it could make to improve its processes or policies, and whether it identified anything further it should do to support the student who made the complaint.
- To give a student information about external funding obtained by the provider for their project, and what had happened to the funding, so that the student could make an informed decision about whether to bring their complaint to the attention of the funding body.
- To send the student course materials that they had not been able to access online as they were studying from prison.
Where a practical remedy is not possible, or is not enough, we may recommend financial compensation. Examples of financial compensation we recommended included:
- To refund one year’s tuition fees to a nursing student and to offer to reconsider fitness to practise concerns because there had been a significant delay in dealing with the student’s disclosure of a criminal conviction before they started the course, and the self-disclosure was not considered during their appeal
- To refund a proportion of tuition fees to a group of students and to pay compensation for the severe disappointment, distress and inconvenience caused by significant and ongoing issues with the delivery of their course and the impact of this on them, and for not investigating their complaint properly
- To refund fines that a student had been told to pay following an unfair disciplinary process, and to pay the student compensation for distress and inconvenience
- To pay for costs incurred by a student as a direct consequence of an administrative error by the provider that led to them paying placement and visa fees that were wasted.
We follow up our Recommendations to make sure that the provider complies with them. In 2022, 93% of our student-centred Recommendations were complied with on time. If a provider does not comply, or there is a delay, we will take steps to address this.
The Recommendations we made in 2022 included financial compensation totalling £382,298, excluding the large group complaint. Financial compensation can alternatively be part of a settlement of a case. The proportion of overall compensation coming from settlements has increased over recent years, and last year totalled £667,816, exceeding compensation through Recommendations for the first time. The overall total compensation in 2022 (still excluding the large group complaint) was £1,050,114. This is below the 2021 total of £1,304,379, but still significantly above pre-pandemic levels. The highest single amount of financial compensation was over £48,000, and 49 students received amounts of £5,000 or more.
Good practice Recommendations
Our good practice Recommendations are usually for providers to review and improve internal procedures and practices, taking into account the guidance in the relevant sections of our Good Practice Framework. Examples of good practice Recommendations we made in 2022 included:
- To review training for staff who deal with sexual misconduct cases
- To review the complaints procedure, including how it links with other procedures such as staff and student disciplinary procedures, and the information students should receive about their complaint if another procedure is used
- To keep better records of complaint investigations and to review the process for sharing information with the student during a complaint investigation
- To carry out an overdue review of the quality of a programme in line with the provider’s procedures for new programmes
- To review processes for changing a course or curriculum to make sure that current students and those holding an offer are given the information they need at a time that allows them to make informed decisions about the course.
In 2022, 60% of our good practice Recommendations were implemented on time, which was lower than last year. It may be that pressure on staff in providers during the year contributed to some delays. We continue to follow up any cases where our Recommendations have not yet been fully implemented.
“Thank you for forwarding the letter detailing the [Not Justified] outcome of the complaint. We have read the document with interest and are considering how best to learn from the comments and the suggestions you make about our processes.”
