THE STUDENT EXPERIENCE

1
THE STUDENT EXPERIENCE WHATS 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

2
THE STUDENT EXPERIENCE AND THE OIA- OVERVIEW

• OIA Mandates
• Accountabilities
• Governance
• Mission and disposition

• Operational Engagement
• Pathway Project 2008-9
• The Wicked Issues

3
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.

4
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.

5
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.

6
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.

7
OIA OPERATIONAL ENGAGEMENT

• 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.

• 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

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14
THE PATHWAY PROJECT

• 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

• 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.

15
THE WICKED ISSUES

• Promoting Good Practice
• Strategic Planning for No Surprises
• The User Perspective being faithful to the
  student experience.

• Public Trust
• Transparency
• Time (Comrades ! The first principle of the
  Revolution is effective time-keeping)
• Complaints Resolution