No lawyers necessary

Tackling student complaints without resorting to law is faster, fairer and less costly, says Ruth Deech.

The first annual report of the Office of the Independent Adjudicator (OIA) for higher education marks the end of one era and the opening of another.

The report covers the period from the opening of the OIA in April 2004 to the end of the year. During 2004 the OIA operated a transitional scheme, which most higher education institutions joined on a voluntary basis. On January 1, the OIA assumed its statutory powers and institutions now have a legal obligation to pay subscriptions to the scheme.

The visitatorial system of resolving student complaints had served well but had to come to an end. It was perceived to lack the independence, clarity and efficiency required in an era of extensive higher education recruitment at home and overseas. Moreover, not all universities and colleges had a visitor, and their students had no option but to resort to costly litigation if their institution did not resolve the complaint.

The costs were equally substantial where the visitor referred a complaint for investigation or the visitor's jurisdiction was challenged.

The establishment of an independent review of student complaints and appeals was widely recommended and introduced following consultation.

In 2004, we received about 300 inquiries and 120 formal complaints. We commenced investigation into the 86 complaints that were eligible (that is, those that were not out of time or concerned solely with academic judgment or admissions) and completed 19 by the end of the year.

Half were found to be justified to some extent. While it is too early to draw any conclusions from the figures, nearly half the complaints concerned examination results and academic matters; many others concerned contractual matters such as housing and facilities; a few related to plagiarism, discipline, discrimination and welfare.

In 2004, one third of complainants were aged 40 years and over, one third were female and one third were postgraduates. This year, the pattern has shifted somewhat, with a more even gender balance. Complaints are mounting and we expect to receive about 300 a year.

We have learnt in our first year that where lawyers are engaged by institutions or complainants, issues become more adversarial and protracted. Typically, the dispute is lengthened by the wait for legal aid to be confirmed and by an overzealous search for technical irregularities in the institution's complaint handling.

The OIA seeks to promote a less legalistic approach to resolve speedily and fairly those student complaints that cannot be settled by the institution itself - to do so in a cost-efficient manner and to share information about how institutions should handle complaints and what constitutes good practice.

We advise that normally there is no need to seek legal representation to pursue a complaint under our scheme and that representation by a student representative is likely to be more than adequate.

Some institutions take a long time to process complaints and should reconsider their regulations and practices. For example, an appeal system that is meticulous but takes a year or more to conclude is unacceptable to a student who needs to enrol elsewhere or to take decisions relating to the next academic year.

In general, the OIA has been impressed by the care taken over the handling of students' complaints and the good sense and helpfulness of student union representatives.

Problems are bound to arise as the move away from traditional students to those from a wider variety of backgrounds gathers pace. If students are struggling to bring up a family, taking demanding jobs during term time or dealing with a lack of family support, they may face difficulties in completing their degrees and may feel that they are disadvantaged.

The growth in numbers of international students, especially at postgraduate level, is likely to bring with it another set of problems relating to proficiency in the English language and the support needed to complete a dissertation.

The OIA is concerned to maintain academic integrity in the award of degree classifications and to avoid fostering a compensation culture. Equally, it must ensure fair play in hearing disputes and ensure that promises are upheld. A summary of anonymised decisions may be viewed on the OIA website and in our annual report.

It has been a fascinating year, filled with insights into the working of the sector and the lives of students. We are part of a worldwide development and have noted the growth of "campus ombudsmen" systems in Europe, North America and Australasia.

We share a context of increased student mobility, cost of education and numbers. Every one of us has an interest in the protection of a system of higher education that is just, efficient and of the highest quality.

Ruth Deech is the Independent Adjudicator for Higher Education.

www.oiahe.org.uk