Senate

 

Subject:        Annual Report on Student Complaints 2007/08

 

Origin:           Academic Registrar

                                                                                                                                   

 

1.         Background

 

The University’s formal student complaints procedures are set out in Ordinance XXXVIII.  Informal resolution at departmental level is encouraged but if students remain dissatisfied, complaints may be referred to the Academic Registrar who will refer them to the relevant Dean and/or the Chief Operating Officer depending on the nature of the complaint.  Students who remain dissatisfied after their complaint has been considered through these procedures may refer the matter to the Office of the Independent Adjudicator for Higher Education (OIA) whose scheme became compulsory in January 2005.  Students who have exhausted other procedures, e.g. academic or disciplinary appeals procedures may also submit their complaints to the OIA for independent review.

 

The Ordinance states that a report on operation of the complaints procedure will be made to Senate and Council on an annual basis.  This opportunity has also been taken to report on the University’s dealings with the OIA in 2007/08. Due to the timing of the preparation of this report, it will be submitted first to Council (27 March 2009) and then to Senate (1 July 2009).

 

The Registry is very grateful to colleagues in academic departments and support services for their help in dealing with student complaints at Loughborough.

 

2.         Student Complaints 2007/08 – Internal Procedures

 

2.1       Formal Complaints under Ordinance XXXVIII

 

The number of formal complaints under the Ordinance remained approximately the same in 2007/08 (6 complaints) as in 2006/07 (5 complaints) representing a fall from the 9 received in 2005/06. Appendix 1 provides some breakdown of the statistics by type of student. Whilst 80% in 2006/07 related to support services rather than academic departments, the balance was more even in 2007/08, as it had been in 2005/06. As overall numbers remain small, no attempt has been made to prepare diversity statistics. Half of complaints in 2007/08 were from research students and all three cases involved complex and difficult issues, two of which were satisfactorily resolved. It was pleasing that no cases were referred to the Student Complaints Committee in this year and no legal fees were incurred. However, two complaints which were rejected by the Dean/COO resulted in the students subsequently taking their cases to the OIA. The undergraduate complaint concerned disability support and was rejected by the OIA. However, the PGR case, which was one of a series of complaints since 2005 made by the same individual, has been particularly complex and time-consuming and a draft decision has only recently (March 2009) been received from the OIA (see below).

 

2.2       Informal

 

Around 11 significant cases were again dealt with by the Academic Registrar either directly or by providing advice to the head of the department or section concerned. Numbers remained at a similar level to 2006/07 and 2005/06. However, all were from current or former students or third parties whilst a quarter had been from applicants to the University in 2006/07 (who do not have access to the Ordinance XXXVIII procedure or OIA). Many were initiated by emails or letters being sent directly to the Vice-Chancellor.

 

It was generally possible to address these complaints via explanation of the situation or recognition that a misunderstanding had taken place. However, a number required detailed responses which were time-consuming to prepare. Two cases involved financial redress to achieve a resolution, in one case the refunding of the placement fee of around £600 as a goodwill gesture and in the second, a complex research student case, a payment of £6,000 as the Department was no longer able to offer appropriate supervision. Including the case above, two involved complaints about the placement year. Another very time-consuming case involved a final year undergraduate student who alleged bias against a member of staff marking her work. Although the allegations were not substantiated, a number of special arrangements were put in place to provide reassurance to the student and her parents. Ultimately she achieved a 2.1 degree with which she was satisfied.

 

It is recognised that this is a small proportion of the complaints being handled informally at different levels across the University.

 

2.3       Nature of Complaints

The nature of the complaints continued to be very varied and no discernable patterns are particularly apparent. Involvement of parents was perhaps more noticeable in 2007/08 compared to previous years.

 

3.         Cases Referred to the Office of the Independent Adjudicator

 

Whilst such cases fell to 6 in 2006/07, 10 were submitted in 2007/08, returning to the level of 2005/06. Legal advice was required in one case whilst it was not used in the previous two years.  The pattern of OIA cases is rather different to those of formal complaints to the University, with 7 of the 10 cases in 2007/08 following on from an unsuccessful academic appeal by a taught student (2 of the 6 cases in 2006/07 and 8 of the 10 in 2005/06). In 2007/08, there were no cases related to the action taken under the student disciplinary procedures (there had been one in each of the previous two years) whilst one case related to the academic misconduct regulations. It was pleasing that only 1 of the 2007/08 cases (the unjustified case referred to in section 2.1 above) involved a disability support issue compared to higher numbers in previous years. Overall in 2006/07 of the 10 cases, 2 were dismissed, 6 found not justified and 2 partly justified. One of the latter is noted in section 2.1 above for which a draft decision only has been received at present. The other involved substantial complaints but the part found to be justified related only to delays in the handling of the appeals process for which the University was required to pay £50 compensation. Again there is no pattern in the complaints by department.

 

The OIA are receiving significant increases in the number of complaints each year. The latest data is set out in its 2007 annual report. Nationally, 734 applications were received in 2007, 588 in 2006 and 531 in 2005. Subscriptions from HEIs were increased significantly in the last year to enable more staff to be employed to address this growth. Average completion time remained around 24 weeks in 2007, similar to the previous year. Around 26% of complaints were found to be fully or partly justified in 2007 so it is pleasing to note that Loughborough’s rate of 20% is slightly below the national average.

 

The OIA’s status is becoming increasingly established. A number of dissatisfied students have taken their cases beyond the OIA and sought judicial review. On only two occasions has judicial review been granted and the students’ cases have then been dismissed.

 

4.         The Future

 

It is disappointing to note that the decline in the number of complaints to the OIA experienced in 2006/07 was reversed in 2007/08. Unfortunately, current complaint levels for 2008/09 suggest that numbers may be growing further.

 

The OIA has been undertaking a review of its scheme in 2008/09 and any changes to the scheme will be noted in the next annual report.


Dr Jennifer Nutkins

18 March 2009