Decisions on students’ issues are primarily for individual institutions. Higher Education providers (HEPs) are, in the first instance, responsible for the management of their own internal affairs, complying with relevant legislation. Responsibility for handling a student complaint is initially a matter for the relevant Higher Education provider. Where a student complaint cannot be resolved through the institution’s complaint processes, they can take their complaint to the Office of the Independent Adjudicator (OIA) for Higher Education. The OIA was established in 2004 as an alternative to the courts and is free of charge to students.

HEPs can also have responsibilities under consumer law which should be discharged fully, and policies and procedures should be in place to comply with the law. The Competition and Markets Authority (CMA) has published guidance to help HEPs understand their obligations under consumer law.

The government has published a consultation on behalf of the new Office for Students (OfS) regarding the regulation of the higher education sector. The consultation includes a proposal that the OfS will require registered HEPs in the approved and approved (fee cap) categories to demonstrate that they have given due regard to relevant guidance, such as that of CMA, to comply with consumer law when developing their procedures governing their contractual relationships with students. The consultation closes on 22 December and a response will be published in due course.