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The OIA’s remit and review process
ONLINE SEMINARS – JUNE/JULY 2015
Felicity Mitchell – Deputy AdjudicatorHilary Jones – Membership Project Co-ordinator
HOUSEKEEPING FOR ONLINE SEMINARS
Using a laptop or desktop? Please click on the ‘audio box’, select ‘telephone’ and then dial-in by telephone also using the number provided to you
Using a tablet? Don’t forget to ‘unmute’ and then click on the ‘audio box’ and select ‘microphone and speakers’
We have prepared a short presentation BUT will pause regularly to invite questions. If you wish to ask a question, please ‘raise your hand’ through the software
We will update the guidance on our website to reflect any key issues coming out of each group of seminars http://www.oiahe.org.uk/providers-joining-the-scheme-on-1-september-2015.aspx
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WHO ARE WE? WHAT DO WE DO?
• Operator of students’ complaint scheme
• Since 2005• Ombudsman of last
resort• Free to students• Over 10,000 complaints• Almost universal
compliance
• Review complaints about acts or omissions of member providers
• Recommend changes to practice and/or remedies for students
• Promote good practice in handling complaints and academic appeals
3
4
Complaints Received
2005 2006 2007 2008 2009 2010 2011 2012 2013 20140
500
1000
1500
2000
2500
33 41 51 45 81 54 112 161 138 163
509 545683
855926
1287
1493
1851 18341877
0 0
0
00
0
0
0 05
Dummy TotalEnglish institutions
5
Complaints Closed
2005 2006 2007 2008 2009 2010 2011 2012 2013 20140
500
1000
1500
2000
2500
213381
639786
886 825
1443
1795
2251 2175
6
Complaints closed in 2014 by principal category
Academ
ic Stat
us
Servi
ce Iss
ue (Contra
ct)
Finan
cial
Not Known
Academ
ic Misc
onduct, Plag
iarism
& Chea
ting
Discrim
ination/H
uman Righ
ts
Disciplin
ary M
atters
(non-ac
adem
ic)
Welf
are &
Accommodati
on0%
10%
20%
30%
40%
50%
60%
70%
61%
15%
7%4% 4% 4% 2% 2%
Common areas of complaint
• Academic appeals• Extenuating circumstances• Teaching provision and
facilities• Disciplinary matters• Academic misconduct
(including plagiarism)• Bullying and harassment• Fitness to practise• Discrimination
What we cannot look at
• Admissions• Academic judgment
• Matters subject to legal proceedings
• Student employment
OUR REMIT (1)
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OUR REMIT (2) We will not normally consider complaints that have
not been through the internal procedures at the member provider
We will not normally consider complaints about events that happened before the member provider joined the OIA SchemeWe may do so if the events formed part of a course of
conduct which continued after the provider became a member
We will not consider complaints where we receive the Complaint Form more than 12 months after the conclusion of the provider’s internal procedures
8
QUESTIONS
ANY QUESTIONS?
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OUR REVIEW
We review student complaints to see whether they are Justified, Partly Justified or Not Justified
Focus of our review is the provider’s final decision evidenced in the Completion of Procedures (COP) letter
In deciding whether a complaint is Justified we consider the following three key issues:Did the provider properly apply regulations and follow
procedures?Were those procedures reasonable?
Was the provider’s decision reasonable in all the circumstances?
WHY MIGHT WE FIND A COMPLAINT JUSTIFIED?
The member provider has failed to follow its procedures or has acted unfairly
Insufficient evidence to indicate information properly considered
Delay or maladministration Inadequate teaching or facilities Poor communication or misinformation Discrimination issues, including disability
The OIA does not make findings of discrimination as a court would
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QUESTIONS
ANY QUESTIONS?
12
OUR RECOMMENDATIONS
Principal aim: to put the student back into the position they were in before whatever they complained about happened.
Types of recommendation include: Provider to rehear academic appeal or reconsider complaint Provider to change its internal procedures Provider to pay financial compensation
Our recommendations have resulted in: Students being readmitted to courses or having their results
improved (following re-hearing of appeal by provider) Students being allowed further assessment opportunities Changes in providers’ internal procedures
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QUESTIONS
ANY QUESTIONS?
14
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OUR REVIEW PROCESS: INITIAL ASSESSMENT
Student submits a Complaint Form to us; online or through post
Acknowledgement of receipt sent to student (and representative, if applicable) and our Point of Contact (POC) at the provider
If student has a representative, we will correspond with them (not student) during review process
Initial assessment made by our Enquiries TeamHas student submitted COP letter?Any other missing information? Straightforward eligibility decisions
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OUR REVIEW PROCESS: TRIAGE STAGE
Initial review – eligibility Student’s complaint is sent to provider for response Provider’s representations are sent to student for
comment Opportunities for informal resolution considered at
every stageOptional and agreed by both partiesQuicker than full review, avoids need for formal adjudication
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OUR REVIEW PROCESS: ADJUDICATION Consider how best to resolve complaint
Settlement? External mediation? Our Rules permit oral hearings Complaint Outcome
Complaint Outcome Justified (J), Partly Justified (PJ), Not Justified (NJ) decisionMay make Recommendations if J/PJ decision
Opportunity for the parties to comment on practicalities of any Recommendations
Compliance by provider May make Suggestions if NJ Decision
intended as good practice
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TRANSPARENCY
All relevant case material shared with the parties Three Pathway consultations with the sector Annual published letters to each provider, setting
out its record in complaints handling Instances of non-compliance published in Annual
Report (very rare) Publish case studies, including by name of
provider where there is public interest in doing so
QUESTIONS
ANY QUESTIONS?
19