Legal News

The number of university students issuing formal complaints to the Office of the Independent Adjudicator (OIA) for Higher Education has continued to rise since the increase in tuition fees in 2010.

With students paying £9,000 tuition per year as well as their accommodation and other fees, a large majority are leaving university with debts of around £40 – 50,000. As such, they are increasingly viewing themselves as consumers as well as students and are growing more likely to issue a complaint should they be unsatisfied with their course.

Whilst a number of universities are responding to the understandable demands of students by improving the content and quality of their courses to ensure that students’ expectations are met, a large number of dissatisfied students still issue complaints to their universities with some receiving hundreds of complaints each year.

It is estimated that four in ten students have not been satisfied with their course, with the most common complaint being that they have not been adequately prepared for the job market. Universities will usually deal with any complaints internally, and are more likely than ever to pay compensation to aggrieved students. When an agreement cannot be reached however, the case is referred to the OIA.

Around one in ten cases go to the OIA, and in 2018 it received 1967 complaints. Education law specialist, solicitor Angela Sandhal explains the benefits of issuing a complaint to the OIA;

“The Office of the Independent Adjudicator can provide many students with grounds to complain with a suitable remedy. In some cases where complaints have been upheld, recommendations have been made for university tuition fees to be refunded to allow a student to resume their studies at another university.”

In addition to successful complaints concerning inadequate support and supervision, issues regarding the handling of academic appeals, and fitness to practise reviews are frequently submitted to the OIA. There have also been cases where a university’s approach to sexual harassment and assault complaints have been investigated.

Examples of complaints are varied and has included a group of 23 students who complained about the quality and content of their course. The OIA found the complaint to be justified and recommended financial compensation and an overhaul of the university’s complaints procedure.

Another example involves a disabled student who complained that the lack of mentoring and support she received led to her failing her modules and her withdrawal from the programme. The OIA advised her university to reconsider the student’s appeal so that an appropriate remedy could be explored.

Whilst issuing a complaint to the OIA gives the aggrieved a platform to seek resolution, it should be noted that in order to increase the chances of a successful outcome, a large amount of preparation and research is required to support any appeal. Seeking assistance from a specialist education lawyer is highly advisable as they will have an in-depth knowledge and understanding as to how to best present evidence to the OIA. Solicitors will also know of the best alternative options to appealing to the OIA and will be able to assist students from both the UK and overseas.

Angela comments;

“Students are becoming increasingly confident about exercising their right to complain and holding universities to account when their expectations of the service they are paying for are not met. As well as complaining to the Office of the Independent Adjudicator, there are other legal remedies available to students and we are already seeing a sharp rise in such cases, particularly where the OIA has not been able to provide an adequate resolution.”



About Angela Sandhal

Angela Sandhal is a public law and judicial review solicitor at Duncan Lewis Solicitors, specialising in education law, equality law, children law, and mental capacity. She has in-depth knowledge and expertise in education law and is regularly instructed to handle complaints to the Office of the Independent Adjudicator. Her expertise extends to all aspects of education law and her clients include individuals, professional deputies and trustees, education and nursery establishments, and third sector organisations.

Contact Angela on 0113 487 3901 or at AngelaSa@duncanlewis.com



Duncan Lewis Education Law Solicitors

Sitting in our public law team, our niche education law specialists at Duncan Lewis Solicitors have in-depth knowledge and expertise concerning all aspects of education law, ranging from matters involving admissions and exclusions, special education needs, and complaints to the Office of the Independent Adjudicator, to discrimination claims, fitness to practise disputes, and claims and appeals to the First-tier Tribunal.

To contact a member of the education law team, call 033 3772 0409.