What is a higher education course for the purposes of access to the Office of the Independent Adjudicator’s (OIA) complaints process?
The Office of the Independent Adjudicator’s (OIA) has recently published a reminder of its remit in relation to dealing with complaints, which is a timely reminder as the new academic year begins.
The Office of the Independent Adjudicator’s (OIA) has recently published a reminder of its remit in relation to dealing with complaints, which is a timely reminder as the new academic year begins.
The background
Section 11 of the Higher Education Act 2004 defines those providers, known as "qualifying institutions", which are required to be members of the OIA Scheme. At the outset, only universities and some other "higher education institutions" were required to be members.
The legislation has subsequently been amended to extend membership of the OIA Scheme to a wider range of providers, including those:
- providing courses designated for student support funding;
- providers on the Office for Students Register; and
- providers who provide higher education courses leading to the grant of an award by another OIA member.
This means that many further education colleges, alternative providers and providers of school-centred initial teacher training that have been designated to receive student support funding, as well as providers in a sub-contractual relationship with a university, are also now members of the OIA Scheme in respect of their higher education provision.
What complaints can the OIA look at?
The OIA can look at complaints from anyone who is or was a student registered at a higher education provider, or anyone who is or was studying for one of the higher education provider’s awards, if the provider is a member of the OIA Scheme.
So, whilst students at some providers can complain to the OIA no matter what course they were studying on, students studying at other providers can only complain to the OIA if they are or were on a higher education (HE) course.
The definition of HE under the OIA’s current Rules (April 2018) is quite broad. Any courses equivalent to Level 4 or higher of the Framework for Higher Education Qualifications (FHEQ) will normally be HE for OIA purposes. This includes some professional courses at Level 4 and above. The OIA reminder highlights that sometimes these qualifications are offered at different Levels, e.g. 2-4, and some providers may group qualifications offered at multiple levels under their further education (FE) or adult education provision.
The significance of this is that all students studying at Level 4 or above need to be properly signposted to the OIA and Completion of Procedures Letters issued in line with the OIA published guidance. Information about the OIA Scheme should also be included within the procedures that HE students have access to.
The OIA identifies trainees and apprentices as two, perhaps unexpected, examples of what the OIA Scheme can cover. The OIA gives as examples:
- A trainee teacher at a School Centred Initial Teacher Training (SCITT) provider can complain to the OIA about matters for which the SCITT is responsible and, if they are studying for a Postgraduate Certificate of Education (PGCE) or Masters-level credits, they may also be able to complain about the higher education provider which awards the PGCE or credits.
- An apprentice if the apprenticeship involves a higher education qualification which is delivered, awarded or assessed by a higher education provider, in which case the apprentice can complain to the OIA about what the higher education provider has done.
Mitigating the risk of non-compliance with the OIA Scheme
Those providers who only provide HE courses as defined above will already have the necessary processes in place for compliance with the OIA Scheme.
Those providers who provide a mix of courses should audit their provision to ensure that they have identified all courses that may fall within the OIA Scheme, and that they take steps to ensure that they have the necessary processes in place. They should also build into course design and validation processes a standard question as to whether the proposed course would fall within the remit of the OIA and have in place a process to follow to ensure that compliance with the OIA Scheme follows through.
Related expertise
You may be interested in...
In Person Event
MAT Development roadshows
In Person Event
MAT Governance Conference
Legal Update
Changes to the SEND and Alternative Provision framework
Article
New report highlights risk of sidelining ED&I in school trusts
Legal Update
New guidance: understanding academy trusts
Legal Update
be prepared for the 2022-23 academic year
Online Event
Wellbeing and financial considerations – practical solutions for challenging times
Online Event
Spring Regional HR Forum
Legal Update
be connected - Spring 2023
Legal Update
Teacher strikes – lessons learnt so far
Opinion
Can toilet facilities amount to sex discrimination?
Legal Update
New support launched to manage school complaints
Legal Update
Cyber security and data breaches
Legal Update
#EdCon2023 virtual event hailed a success
Online Event
Flexible working in schools webinar
Legal Update
What does the new Provider Access Legislation mean for schools?
Legal Update
High Court dismisses Welsh RSE right to withdraw claim
Opinion
Term-time school worker entitled to national minimum wage for unworked basic hours
On-Demand
Industrial action essentials: what you need to know
Legal Update
Education Software Solutions Limited breaks against the CMA’s intervention: A victory for freedom and flexibility in contracting for MIS services
On-Demand
The Subsidy Control Act 2022. Putting the new regime into practice
Legal Update
Safeguarding at scale report published
Legal Update
Trade unions announce plans to re-ballot members
Legal Update
Widespread industrial action now confirmed for schools
Legal Update
Industrial action and minimum service levels within education
Opinion
Consultation on holiday entitlement – part-year and irregular workers
Guide
FAQs - converting to academy status
Guide
FAQs - becoming a sponsored academy
Guide
FAQs - becoming an academy sponsor
Guide
FAQs – single academy joining a MAT
Legal Update
EdCon2023 launch: Thursday 12 January
Legal Update
The importance of understanding the transitional provisions under the Electronic Communications Code
Legal Update
Biodiversity Net Gain: positive for nature and an opportunity for landowners
Legal Update
Discrimination comes of age
Guide
#EdCon2023: Access a range of expert guidance and resources at our FREE virtual conference
Legal Update
Teacher Pay Survey 2022
Legal Update
be connected newsletter for schools - Winter 2022
Guide
Good governance essential to avoid falling foul of the ESFA
There’s been little evidence of interventions or financial management reviews this year and it appears the Education and Skills Funding Agency (ESFA) has re-focussed on financial delivery. It’s also telling that there were no discernible changes to the reporting of financial irregularities in the Academies Trust Handbook 2022.
Legal Update
Children's commissioner recommendations for SEND reform
The Children’s Commissioner, Rachel De Souza, has recently published a report “Beyond the labels: a SEND system which works for every child, every time”, which she intends to sit alongside the DfE’s SEND Review (2019) and SEND Green Paper (2022) and which she hopes will put children’s voices at the heart of the government’s review of SEND system.
Legal Update
School complaint management - exploring a new way forward
There’s greater opportunity than ever for parents, carers and guardians to voice any concerns they have relating to their child’s education and for their concerns to be heard and to be taken seriously. While most staff in schools and academies are conscious of their legal duties relating to complaints management, many are struggling to cope with such a significant increase in the volume of complaints they must manage.