So, You Want to Complain?

daniel batchelor • October 18, 2024

Important first steps

In my years supporting students in disputes with their higher education providers, I have always aimed to resolve concerns through informal mechanisms. When students enrol, their ultimate goal is to achieve an academic award. So, when things go wrong, my priority is to address those issues as quickly as possible, bringing both staff and students together to find a positive solution.


However, informal advocacy has its limits. Some students, after exhausting informal conversations, still feel they have been wronged, leaving them with no choice but to submit an official complaint. If they are unhappy, their consumer rights allow them to take this step—and, considering the significant investment they’ve made, it’s reasonable to expect a positive experience.


Putting a Complaint Together


Once informal mechanisms are exhausted, every institution has an official complaint process. It’s important that students read this carefully and seek advice from professionals. Higher education institutions typically have a students' union, which offers free guidance. My service, The Higher Education Advocate, can also assist.


When submitting a complaint, there are a few basic principles to follow:


  • Summarise what went wrong: Clearly communicate how the institution has failed to meet its stated aims and promises in delivering its services.
  • Provide a timeline: Explain when the issues started, who was involved, and what efforts have been made to resolve the concerns. This gives the institution a clear narrative to investigate.
  • Explain the impact: Describe how the events have affected you. Have they impacted your academic progression or performance? Has it affected you personally, in terms of health or finances?
  • Provide evidence: Make sure to back up your complaint with sufficient evidence, allowing the institution to properly investigate your claims.


Seeking a Fair Resolution - an apology, and fixing the wrong


The most important part of a complaint isn’t just identifying what went wrong—it’s being clear about what you consider a fair resolution. While the institution can suggest solutions, it’s essential that the complainant also puts forward a realistic outcome.


If something has gone wrong, an apology is often a good starting point. Acknowledgement from the institution provides closure for the student and allows the institution to formally recognise the need for long-term fixes.


In addition to an apology, consider what actions could rectify the situation. I often remind students that their original aim in financing their education was to receive a fair opportunity to achieve their degree. Therefore, any resolution should focus on how this goal can be met. It may be reasonable to ask for additional support to ensure a better academic experience going forward.


Addressing Compensation


Money is often the elephant in the room when discussing resolutions. Some students may hesitate to request compensation, while others may have unrealistic expectations about what is fair. Fortunately, there is a great resource available—the Office of the Independent Adjudicator (OIA) offers a guide that outlines fair financial remedies, refunds, and compensation for when things go wrong. Click here to read this.


The OIA, as the sector ombudsman for England and Wales, provides clear guidance on what is considered appropriate in university complaint processes. It’s important for students to understand that if they are dissatisfied with the institution's response, they can’t simply sue the university. A good legal adviser will first direct them to the OIA, making it vital for students to understand what professionals in the field consider a reasonable resolution.


I strongly recommend that anyone considering a complaint read this document. It ensures that complainants know what they can realistically achieve. The priority of any complaint process is to address dissatisfaction. Unfortunately, some issues cannot be fully resolved, and in such cases, financial compensation may be sought—again, the OIA provides sufficient guidance on this.


How We Can Help


At The Higher Education Advocate, we support students through the complaints process. While we aren’t legal advisers, our experience is invaluable in helping students navigate this challenging journey. We guide students on what outcomes are realistic and help explore all options, from informal resolutions to formal complaints, to achieve a positive result.

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