THE STUDENT EXPERIENCE – WHAT’S THE DEAL ?

Presentation by Robert Behrens

Independent Adjudicator for Higher Education in England and Wales

to Higher Education Policy Institute

The Royal Society, London 06 May 2009

“Comrades ! The first principle of the Revolution is effective time-keeping.” Govan Mbeki

THE STUDENT EXPERIENCE AND THE OIA- OVERVIEW

• OIA Mandates• Accountabilities• Governance• Mission and disposition

• Operational Engagement

• Pathway Project 2008-9• The ‘Wicked’ Issues

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OIA MANDATES

• Designated under Higher Education Act 2004 as Independent Scheme without charge to complainants

• Qualifying Institutions include HEIs in England and Wales

• Governing Bodies have a statutory obligation to comply with the Scheme Rules [Section 15(1)]

• Qualifying complaints include “an act or omission” by an HEI, brought by student or former student [Section 12], once internal procedures exhausted [Sch 2,3b].

• Tests are whether HEI has abided by own procedures or acted reasonably “in all the circumstances” [Rules 7.4.4]

• Must not relate to “matters of academic judgment” [Section 12.2]

• Scheme funded by Member subscriptions based on student numbers.

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OIA ACCOUNTABILITIES• Duties of designated

Operator, to publish Scheme and Annual Report, and supply information to Minister, set out in Act.

• Subject to Judicial Review following Siburorema hearing in Court of Appeal in 2007.

• Company Limited by Guarantee. Not part of Ministry (as in Austria and Sweden). Not an NDPB with state funding. Not a Charity.

• Full (voluntary) adherence to Nolan Rules and 7 Principles of Public Life. Not a ‘Public Authority’ subject to FOI requests.

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OIA GOVERNANCE• Board has 14 members. A

majority, 8, including the Chair, are Independent, appointed under Nolan Rules.

• A minority, 6, nominated by HE representative bodies. Included CUC (Ray Burton), UUK, NUS, HE Wales, Guild HE, and AHUA.

• The Independent Adjudicator is appointed (3 year term) by the Board under Nolan Rules and leads a small Management Team and group of Assistant Adjudicators.

• The Board plays no part in Adjudication, and has an obligation to preserve the independence of the Scheme and the Independent Adjudicator.

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OIA MISSION AND DISPOSITION• Mission: “Resolving student

complaints with independence, impartiality and precision.”

• Values: Quality, Independence, Integrity, Openness and Service Ethos.

• Key Operational Principles: A proportionate, evidence-based approach based on risk management, and promoting continuous dialogue to promote good practice

• Not a Regulator. Where a complaint is Justified we “may recommend” but “may not require” [Sch.2,S13(6)].

• HEIs expected to comply with Formal Decisions and Recommendations “in full and in prompt manner” [Rules 7.5]

• Non-compliance will be reported to the Board and publicised in Annual Report. The Board considers “whether and if so how” referrals are dealt with [Rules 7.7,10.12].

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OIA OPERATIONAL ENGAGEMENT• Complaints rising year-on-

year (537 in 2005, 900 in 2008).

• Two-thirds of complaints relate to academic related issues (eg handling of mitigating circumstances, hearings and appeals)

• Business, Medicine-related and Law courses generate most complaints

• International students outside EU constitute 22 per cent of cases

• Handling times reduced by 17 per cent in 2008

• In 2008, 7 per cent Justified, 16 per cent Partly Justified,71 per cent Not Justified.

• Unit cost of handling a complaint is 2k

• 15 Judicial Review Applications. 2 full hearings. None successful.

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THE PATHWAY PROJECT• Consultation exercise

on the next phase of OIA development

• Issues and Questions Paper (October 2008) attracted 122 institutional responses.

• Independent quantitative study of student complainants (conducted by Kings College, London) April and May 2009.

• Report to be published in Autumn 2009.

Early Findings:• Broad consensus that 2004

Scheme an improvement on previous arrangements and has promoted better practice by HEIs

• Strong endorsement of independence of Office and authority of Adjudications.

• HEIs critical of the time and effort required to conclude decisions.

• No consensus on alternative funding arrangements

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THE ‘WICKED’ ISSUES

• Public Trust• Transparency• Time (‘Comrades ! The first principle

of the Revolution is effective time-keeping’)

• Complaints Resolution

• Promoting Good Practice• Strategic Planning for ‘No

Surprises’• The User Perspective –

being faithful to the student experience.

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