OIA Complaint Form and guidance notes

Transcription

1 OIA Complaint Form and guidance notes

2 Please read through the guidance notes before making your complaint. These are designed to assist you with completing our form with all the relevant information we require to deal with your complaint efficiently. We also recommend you look at our website before completing this form as it contains lots of useful information on the type of complaints we can review. Once completed and signed, please send your form to: OR OIA Second Floor Abbey Gate Kings Road Reading RG1 3AB If you need this information in another format (including Welsh) or require us to communicate with you in a particular way, due to a specific accessibility or disability need, please contact us at accessibility@oiahe.org.uk or

3 Introduction Our role The main purpose of the Office of the Independent Adjudicator for Higher Education (OIA) is to review unresolved complaints to determine whether they are Justified, Partly Justified or Not Justified. Our Scheme is not a further appeal from your higher education provider. We provide an independent review Scheme and our role is principally to consider whether the provider has correctly applied its regulations and followed its procedures and whether the outcome is reasonable in the circumstances. We suggest that you read our Introduction to the OIA Scheme leaflet and our website before completing this form to see if we can deal with your complaint or are likely to be able to offer the outcome you desire. Tel:

4 COMPLETING THE FORM Completing the form Please complete all sections of the form clearly and legibly. If we are unable to read your form we may return it to you for clarification which could lead to a delay in us reviewing your complaint. For ease of reference, we use the term provider throughout our complaint form and guidance notes to include all providers that are members of the OIA Scheme. A list of all member providers can be found on our website, MyOIA provides an easy and more intuitive way to make a complaint, track the progress of complaints and change your contact details. More information can be found at If you choose instead to submit your complaint using this form, we ask that, wherever possible, you send your Complaint Form and other correspondence to us electronically. If you are completing the form as a PDF, please send this as an attachment to enquiries@oiahe.org.uk. If you wish to add information or expand on your complaint, you can do so on a separate sheet of paper but it is helpful if you explain your complaint as concisely as possible. If we need any further information, we will contact you. Please note that this form must be received in our office within 12 months of the date of the Completion of Procedures Letter issued by your provider. Please ensure that you sign the declaration section of the form. (If you are completing the form electronically, please type your name in the signature box.) If you do not sign it, the form will be returned to you which will lead to a delay in us dealing with your complaint. If we receive the completed and signed complaint form after the 12 month deadline, your complaint will be out of time and we may not accept it. The Guidance Notes at the end of the form provide further details of how to complete the form. Please click on the Note link beneath each question which will take you to the corresponding guidance note. MyOIA MyOIA provides you with an easy and intuitive way to track the progress of your complaint. If you would like us to create a MyOIA account for you and, if appropriate, your representative, please tick this box. 4

5 OIA COMPLAINT FORM OIA Complaint Form Section 1 Your details Please enter your personal and contact details here so that we can reach you. Q1 Title: Mr Mrs Miss Ms Dr Other: Surname/Family name: First name(s)/given name(s): Preferred names(s): (See Note 1A) u Occupation: Address: Town: County: Country: Postcode: Landline: Mobile: address: (See Note 1B) u Q1.1 Q1.2 Q1.3 Are you under 18 years old? Yes No If you are under the age of 18 when submitting this complaint form, please enter your date of birth: Please note: Our default method of communication will be via . If you are unable to access and require post, please tick this box: (See Note 1C) u If you have a disability which means there are adjustments you would like us to consider making to our process, please indicate these here. (If necessary, we will contact you to discuss this in further detail.) Please note: You will need to inform us of any changes in your contact details while your case is being reviewed by us. It is helpful to let us know in advance if you are going to be away or unavailable while we are dealing with your complaint, but please bear in mind that this may cause delay in our consideration of your complaint. Tel: If you decide you want someone to represent you, please complete Section 2. 2 If you are representing yourself, please continue to Section

6 OIA COMPLAINT FORM OIA Complaint Form Section 2 Your representative (optional) (See Note 2A) u Q2 Title: Mr Mrs Miss Ms Dr Other: Surname/Family name: First name(s)/given name(s): Their relationship to you: Address: Town: County: Country: Postcode: Landline: Mobile: address: Q2.1 Please note: Our default method of communication will be via . If your representative is unable to access and requires post, please tick this box: (See Note 2B and 2C) u Please note: You will need to inform us of any changes in your contact details while your case is being reviewed by us. It is helpful to let us know in advance if you are going to be away or unavailable while we are dealing with your complaint, but please bear in mind that this may cause delay in our consideration of your complaint. 6

7 OIA COMPLAINT FORM Section 3 Provider and course information Q3 Name of the provider you are/were studying with: (See Note 3A) u Q3.1 Name of the provider which awards the qualifications you are/were studying for (if different from the provider where you are/were studying): (See Note 3B) u Please note: if more than one provider is involved, we will look at what each higher education provider is responsible for. (See Note 3B) u Q3.2 Which provider(s) are you complaining about? (See Note 3B) u Q3.3 Course you are/were registered on: (See Note 3C) u Q3.4 Type of course: (See Note 3D) u First Degree e.g. BA, BSc or B.Ed Taught Masters Apprenticeship Foundation Degree Research Masters PhD Diploma of Higher Education (DipHE) Certificate of Higher Education (CertHE) Higher National Diploma(HND) Initial Teacher Training (schools sector) Initial Teacher Training (FE sector) (DET/CertED) Short course Other Higher National Certificate (HNC) Other Level 4 Course Other Level 6 Course Postgraduate Certificate or Diploma Other Level 5 Course Other Level 7 Course Tel:

8 OIA COMPLAINT FORM OIA Complaint Form Section 3 continued Q3.5 Are you registered: (See Note 3E) u Full-time Part-time Other: Q3.6 When you applied for your course, were you? (See Note 3F) u Resident in the UK Resident outside the UK If you are unsure, please explain your circumstances: Q3.7 Q3.8 Q3.9 Beginning of course: (See Note 3G) u End of course: (See Note 3H) u Is your course subject to a professional or accrediting body s maximum registration period? Yes No If yes, please state when this period ends in respect of your studies: Q3.10 How much are the tuition fees that you pay per year for this course? (See Note 3I) u Q3.11 How are you categorised by your provider for fee purposes? (See Note 3J) u Home Student EU Student Non-EU Student 8

9 OIA COMPLAINT FORM Section 3 continued Q3.12 Are you receiving assistance towards the payment of your fees by: (See Note 3K) u Grant Bursary Student loan Parental contribution/self funded Employer Other: Tel:

10 OIA COMPLAINT FORM OIA Complaint Form Section 4 Completion of Procedures Letter Before you can complain to us, you must complete the provider s internal complaints or appeals procedures. This is so that we can be sure the provider has had an opportunity to deal with your complaint or appeal before we look at it. When the provider has made a decision on your complaint it should issue you with a Completion of Procedures Letter. Your completed complaint form must reach us within 12 months of the date of that letter. Q4 Have you received a Completion of Procedures Letter from the provider or providers that you are complaining about? (See Note 4A) u Yes No If yes, what is the date on your Completion of Procedures Letter(s)? Q4.1 If you do not have a Completion of Procedures Letter, please explain why you do not have one: If we do not receive your Completion of Procedures Letter or reasons for not having a Completion of Procedures Letter we may close your complaint. In exceptional circumstances, we may look at a complaint where the internal complaints or appeals procedures have not been completed. For example, if we were satisfied that the provider was unreasonably refusing to progress your complaint, or to issue a Completion of Procedures Letter, we might consider it appropriate to accept your complaint. 10

11 OIA COMPLAINT FORM Section 4 continued Completion of Procedures Letter Q4.2 Are you sending your OIA Complaint Form within the 12 month deadline given in your Completion of Procedures Letter? Yes No Please note: We will not accept a complaint which is received more than 12 months after the date of the Completion of Procedures Letter. Please note: If aspects of your complaint have not been looked at by the provider they are likely to be outside the remit of our review and may not be considered. Please visit our website for more information on Completion of Procedures Letters: Tel:

12 OIA COMPLAINT FORM OIA Complaint Form Section 5 Your complaint (Please ensure that you complete this section. Your form may be returned to you if the following questions are left blank.) The OIA is a review body. This means we will consider how the provider dealt with your complaints/appeal and its final decision. The focus of our review will be what happened before the Completion of Procedures Letter was issued. When filling in this section, please consider the following five questions, which will help you to summarise the key points of your complaint. If you require further space, please continue on a separate sheet of paper. Q5 In as few words as possible, please summarise your original complaint/appeal to the provider. Please remember that it is helpful if you explain your complaint as concisely as possible (you may submit a copy of the original appeal/complaint in full as a separate document if necessary): (See Note 5A) u Q5.1 What is it about the final decision as set out in the Completion of Procedures Letter, or the process followed by the provider, that you are dissatisfied with? (See Note 5B) u 12

13 OIA COMPLAINT FORM Section 5 continued Q5.2 If we decide your complaint is Justified or Partly Justified, how could the matter be resolved? (See Note 5C) u Q5.3 Has there been any Court or Tribunal action relating to your complaint (or is any planned)? Yes No Please tell us if you have started any Court or Tribunal proceedings relevant to your complaint. Please send us copies of the claim form, defence and any relevant orders relating to the Court or Tribunal proceedings. Please note: you must tell us if you decide to commence any proceedings once our review has started as this may affect our ability to review your complaint. Q5.4 Has your complaint been considered by another organisation? (See Note 5D) u Yes No Please note: you should tell us if your complaint has been considered by any organisation which is external to the provider you are complaining about. If yes, please provide the name of the organisation which has considered your complaint: Tel:

14 OIA COMPLAINT FORM OIA COMPLAINT FORM OIA Complaint Form Section 6 Declaration If you need help completing this form, please contact us on accessibility@oiahe.org.uk or Please read the declaration below carefully, sign the form and, if appropriate, tick the box. Wherever possible, we would prefer it if you would complete the form electronically and it to us. If you are doing this, please sign the form by typing your name in the signature box. We recommend you also read our Rules ( and our guidance about personal information ( before completing this section. You need to complete this part of the form, even if you have appointed a representative. I would like the Office of the Independent Adjudicator for Higher Education to consider my complaint. I believe that what I have said in my complaint to the OIA is true. I will tell the OIA immediately if any part of my complaint is being dealt with in the courts or by another organisation. I understand that I can withdraw my complaint at any time and the OIA will stop considering it. I understand that the OIA provides an informal service. It is impartial and will not act on my behalf; it will not act on behalf of the provider. If I have questions about how my complaint is being considered, I will ask them. I understand that the OIA will decide how its Rules apply to my complaint. The OIA may reach a different solution to my complaint than a court would reach. At the end of the OIA s processes, there is no legal obligation on me, or on the provider, to accept its decision. I may be able to take my complaint to a court after the OIA has completed its processes, but if I accept the remedy which the OIA recommends, this may limit whether I can seek a different outcome through a court. By ticking this box, I confirm that I have understood and agree with these statements. The OIA will handle personal details about me, which could include sensitive information (for example, relating to health matters) in order to deal with my complaint effectively. The OIA may obtain this information for me, and from the provider where I was studying, and (if different) from the provider which awards the qualification which I was studying for. In some cases, the OIA may also obtain information from other organisations (for example, organisations concerned with my health; organisations providing student placements). When I submit this Complaint Form, the OIA will send a copy of it, and of any accompanying information, to the provider I am complaining about. If I am/was studying at one provider for a qualification awarded by another provider, the OIA may send a copy of this form and of the information and evidence I supply to either or both providers, depending on the circumstances. 14

15 OIA COMPLAINT FORM Section 6 continued I understand and agree that the OIA may send any further information I provide about my complaint to the provider(s) involved. If my course of study or the complaint involves more than one provider, the OIA may exchange information supplied by one provider about my complaint with the other(s). If I have any concerns about this, I will contact the OIA for advice before I send the information. This paragraph only applies to students studying for qualifications awarded by Awarding Organisations which are not members of the OIA Scheme, for example Pearson (Edexcel) or City & Guilds. If the qualification that I am/was studying for is awarded by an Awarding Organisation which is not a member of the OIA Scheme, the OIA may need to exchange information with that Awarding Organisation and/or its regulator. The OIA may determine that my complaint should more appropriately be dealt with by that Awarding Organisation. I understand and agree that if that is the case, the OIA will send a copy of this Complaint Form, and supporting documentation, to the relevant Awarding Organisation and/or its regulator.. I understand that I can withdraw my consent to the OIA handling my personal data at any time. However, I also understand that this may mean that the OIA cannot look at my complaint. By ticking this box, I am agreeing to the statements above. The OIA cannot consider my complaint without my agreement. From time to time, the OIA seeks feedback from the people who use its services. The OIA may use my contact details to ask me for my views. My participation in these surveys is voluntary and if I choose not to participate, this will not affect how my complaint is considered. Sometimes, the OIA will work with an independent third party conducting research into student complaints and satisfaction with the OIA. In these cases, the third party will not use the personal data for any other purpose than to seek feedback; will take appropriate measures to hold the data securely; and will comply with relevant legislation including around my right to access and delete my personal information. Participation in this kind of survey is voluntary and does not affect how my complaint is considered. The OIA will not include me in this kind of research without my agreement. I agree that a third party may seek feedback from me on behalf of the OIA. I confirm that I am the student making the complaint. SIGNATURE (Type your name here) (Even if you have appointed a representative) DATE Tel:

16 OIA COMPLAINT FORM OIA Complaint Form Section 7 Documents to be sent Please do not send original documents. We recommend that you send copies of all documents and keep the originals for your records. Please enclose copies of: The Completion of Procedures Letter issued by the provider, along with any accompanying letter or report setting out the provider s final decision (See Note 7A) u A copy of your original complaint/appeal to the provider (if you have it) (See Note 7B) u Any other documents relevant to your complaint. You can send these documents in electronic format (as an attachment to your ) to enquiries@oiahe.org.uk Please note: if your complaint is about something that the provider has said or done, and there is no documentary evidence to support your claim, it may be difficult for the case-handler to come to a conclusion about what has happened. It may also be helpful to include a document setting out the key events in date order. 16

17 EQUAL OPPORTUNITIES MONITORING Section 8 Equal Opportunities Monitoring Form We believe that any student who wants to complain to the OIA about their experiences at an HE provider which is a member of our Scheme, should be able to do so. We want our Scheme to be available to all these students, regardless of their age, race, disability, ethnic origin, gender identity, marital or partnership status, nationality, religion or belief, sex or sexual orientation. To help us check whether our Scheme is being used by students who represent the diversity of all students in England and Wales, we ask you to tell us about yourself. You do not have to complete this form. We will still look at your complaint if you choose not to tell us this information. But, by filling in this form, you will help us to check that we are accessible to everyone who wants to complain. If you do tell us about yourself on this form, we will not send the information to anyone else. The information you give us on this form will not be given to the case-handlers looking at your complaint. We will only use the information you give us to carry out statistical analysis of who is using our Scheme. This analysis is done on an anonymous basis; you will not be identifiable in any information we produce about who uses our service. 1. What is your ethnic group? Please choose one and tick the appropriate box to indicate your cultural background. Arab White Irish Asian or Asian British Bangladeshi White Scottish Asian or Asian British Indian Other Asian background Asian or Asian British Pakistani Other Black background Black or Black British African Other mixed background Black or Black British Caribbean Other White background Chinese Not known Gypsy or Traveller Prefer not to say Irish Traveller Mixed White and Asian Any other background: Mixed White and Black African Mixed White and Black Caribbean White White English, Welsh, Scottish, Northern Irish, British Tel:

18 EQUAL OPPORTUNITIES MONITORING OIA Complaint Form Section 8 continued 2. Do you identify as? Male Female Other Prefer not to say 3. How old are you? Prefer not to say 4. Are you considered a disabled person within the meaning of the Equality Act or do you have a long term health condition or a learning difficulty? Yes No Prefer not to say If yes please select: Deaf or a serious hearing impairment Blind or a serious visual impairment uncorrected by glasses A specific learning difficulty such as dyslexia, dyspraxia or AD(H)D A social/communication impairment such as Asperger s syndrome/other autistic spectrum disorder A long standing illness or health condition such as cancer, HIV, diabetes, chronic heart disease or epilepsy A mental health condition, such as depression, schizophrenia or anxiety disorder A physical impairment or mobility issues, such as difficulty using arms or using a wheelchair or crutches A disability, impairment or medical condition that is not listed above Two or more impairments and/or disability medical conditions 5. Is there any other way in which you identify yourself? 18

19 GUIDANCE NOTES GUIDANCE NOTES Guidance notes Section 1 Note 1A If you prefer to be known by a different name from that which you were given at birth, please enter it here. t (Back to Q1) Note 1B We will need at least one method of contacting you with written communication, either post or , as we will need to write to you. t (Back to Q1) Note 1C Please tick the box to indicate that you are unable to use/access and require correspondence via post. By leaving the box unticked you are agreeing to receiving communications from us via . We ask you to please check your spam/junk folders regularly throughout the complaints process and allow up to 24 hours for s to be received. t (Back to Q1.2) Tel:

20 GUIDANCE NOTES Guidance notes Section 2 Note 2A It is preferable for students to handle their own complaints. However, you may appoint a representative such as a students union representative, friend or family member, provided you give us written authority in this section. You may find this useful if you have difficulty dealing with large amounts of documentation or if you have other commitments, such as work, examinations or are likely to find it difficult to check your regularly. You will need to ensure your representative knows all about your complaint, is willing to represent you and can keep you fully informed, as we will only correspond with your representative once you have appointed them; we will not correspond with you directly until we reach our Final Decision. Our procedures are informal and you should not need to have a legal representative. For this reason we will not normally recommend that a provider should contribute towards your legal costs even if your complaint is found to be Justified. If you change your representative while we are looking at your complaint, please ensure you inform us of this in writing. If your representative is filling in the form for you, please ensure that you read through the entries and sign the declaration section of the form yourself. We cannot accept a form signed by someone else on your behalf. t (Back to Q2) Note 2B We will need at least one method of contacting your representative with written communication, either post or , as we will need to write to your representative. t (Back to Q2.1) Note 2C Please tick the box to indicate that your representative is unable to use/access and requires correspondence via post. By leaving the box unticked you are agreeing that your representative will receive communications from us via . We ask representatives to check spam/junk folders regularly throughout the complaints process and allow up to 24 hours for s to be received. t (Back to Q2.1) 20

21 GUIDANCE NOTES Section 3 Note 3A Please enter the provider you are/were registered with and are complaining about. (This will be the institution that will have issued you with the Completion of Procedures Letter). t (Back to Q3) Note 3B You may be studying at one provider for a qualification which is awarded by another provider. For example, you may be studying at a college for a degree which is awarded by a university. t (Back to Q3.1) or (Q3.2) You can only complain to the OIA about providers which are members of the OIA Scheme (see list ( Before complaining to the OIA, you should first complete the relevant internal procedures at your provider (see Section 4). If you are studying at one provider for a qualification which is awarded by another provider you may be able to complain to one or both providers, depending on relevant procedures and which provider is responsible for the matters giving rise to your complaint. If the provider you complain to is a member of the OIA Scheme, it should issue you with a Completion of Procedures Letter at the end of those procedures and you will then be able to come to the OIA. You may be studying at a provider which is a member of the OIA Scheme for a qualification which is awarded by an Awarding Organisation which is not a member of the OIA Scheme, for example Pearson (Edexcel) or City & Guilds. In these circumstances, you should first complain to the provider where you are studying. At the end of the provider s internal procedures, you should be issued with a Completion of Procedures Letter which will explain the approach that the OIA will take should you complain to the OIA. In brief, the OIA may determine that your complaint should more appropriately be dealt with by the relevant Awarding Organisation and may forward your complaint to that Organisation and/or its regulator. Please refer to our Rules for further guidance ( aspx). t (Back to Q3.1) or (Q3.2) Note 3C Please enter the name of the course you are/were studying e.g. BA Law. t (Back to Q3.3) Note 3D Please tick the appropriate box to indicate the level at which you are/were studying your course. t (Back to Q3.4) Tel:

22 GUIDANCE NOTES Guidance notes Section 3 continued Note 3E Please tick the appropriate box to indicate whether you are studying your course: full-time (attending the total number of modules assigned for a year s study). part-time (attending a number of the modules assigned for a year s study over more than one year); or other (if your arrangement with the provider does not fall under either of the previous categories). t (Back to Q3.5) Note 3F Please confirm whether you were resident in the UK or outside the UK when you applied for your course. If you are unsure, please explain your circumstances in the box provided. t (Back to Q3.6) Note 3G Please enter the date that you started your course. This will be the beginning of the first term of your first year. (If you do not remember the exact day, you can enter the month and year. However, the exact day is more important if you are attending a short course.) If you cannot remember this information, please do not delay in sending in your form whilst you try to obtain it. t (Back to Q3.7) Note 3H Please enter the date that you finished the course. This will be the end of the last term of your last year of studying. t (Back to Q3.8) If you withdrew or were withdrawn from your course, the please enter the date of withdrawal. If you are still a student, please enter the date it is expected you finish. (Please note: if you are not sure of the exact day, enter the month and year. The exact day is more important for short courses.) 22

23 GUIDANCE NOTES Section 3 continued Note 3I Please enter the amount in pounds. If your fees changed each year at the provider, then please enter the amount for each year in the space provided. t (Back to Q3.10) Note 3J Home Student: Please tick this box if you pay the tuition fees at the level set by the provider for British citizens. EU Student: Please tick this box if you pay the tuition fees at the level set by the provider for non-british European Union citizens. Non-EU Students: Please tick the box if you pay the tuition fees at the level set by the provider for international students from outside the European Union. If your complaint is about how the provider has categorised you for fee purposes, please indicate how the provider categorised you, even if you disagree with that categorisation. t (Back to Q3.11) Note 3K Please tick the appropriate box/boxes to indicate what type of financial help you are receiving, if any, for your studies. t (Back to Q3.12) Tel:

24 GUIDANCE NOTES Guidance notes Section 4 Note 4A The Completion of Procedures Letter(s) will be clearly titled and give a deadline for complaining to us. If you are unsure about whether the letter you have received is a Completion of Procedures Letter, please see our website for more information. If you have not received a Completion of Procedures Letter(s), please see our Introduction to the OIA for Students Introduction to the OIA for Students leaflet for more information on what to do next. Please send your Completion of Procedures Letter(s) with your Complaint Form. Failure to do so will delay us reviewing your complaint. t (Back to Q4) 24

25 GUIDANCE NOTES Section 5 Note 5A Please give a brief summary of the main issues which you raised in your complaint or appeal to the provider. It would be helpful if you could also give a brief summary of the key events with dates and try to describe the events chronologically. t (Back to Q5) Note 5B Please set out the reasons why you are not satisfied with the provider s decision. t (Back to Q5.1) Note 5C Please submit your complaint as soon as possible, without waiting until the end of the 12 month period. The remedies we can recommend may be limited if you wait until the end of the 12 month period before submitting your complaint to us. t (Back to Q5.2) Any suggestions you make about how the matter could be resolved will not affect our Decision about whether your complaint is Justified or not. Please see our Introduction to the OIA Scheme leaflet and website for information on the type of remedies we offer. t (Back to Q5.2) Note 5D You should tell us if your complaint has been considered by any organisation which is external to the provider you are complaining about. We may not be able to review your complaint if it has already been considered by another alternative dispute resolution body. t (Back to Q5.4) Tel:

26 GUIDANCE NOTES Guidance notes Section 7 Note 7A You should send any relevant information you refer to (e.g. letters or s) as well as a copy of your Completion of Procedures Letter. t (Back to Section 7) Note 7B It is helpful for us to have a copy of the complaint or appeal you submitted to the provider if you have it. However, if you have not kept a copy of the complaint, appeal or any other relevant information, do not delay in sending us your form while you obtain this information. t (Back to Section 7) 26

27 OIA COMPLAINT FORM Second Floor Abbey Gate Kings Road Reading Berkshire RG1 3AB Tel: October 2017 Tel: