The Which? Report

1. Communicating with students and applicants? Consumer Protection Law:Your Responsibilities Mike Glover, Academic Registrar

2. The Which? Report ‘Higher Education: a review of providers’ rights to change courses’, Which? Investigation report 5 February 2015 ‘Which?’ made FOI requests to HE providers requesting information about changes they make to courses once students have enrolled. A ‘Which?’ consumer lawyer judged that over half (51%) of respondents use contract terms that give an unacceptably wide discretion to change courses or fees after enrolment. ‘Which?’ wants a standard consumer-friendly student contract.

3. Consumer Protection Law What has changed? Consumer Protection Law has become more important because A greater proportion of Universities’ funding is coming directly from students AND students are in a weak consumer position because For most students deciding what and where to study will be a ‘one-off’ decision. So Universities are ‘traders’ and students are ‘consumers’ for the purposes of the legislation.

4. University of Warwick Income 2013-14

5. What’s it all about? Published March 2015 Sets out minimum standards on Information Provision Fairness of Terms and Conditions Complaint Handling Covers Consumer Contract Regulations Consumer Protection Regulations Unfair Terms Regulations Consumer Rights Act came into force October 2015

6. CMA Guidance to UK HEIs • Developed from Which? Report into universities contract terms Feb 2015 • Consumer Protection Law has applied for some time owing to students’ relatively weak consumer position and % of HEIs’ income derived from student fees • CMA guidance issued March 2015; compliance checks from October 2015 • Core elements: • Information provision • Fair terms and conditions • Complaint handling • Consumer Rights Act October 2015

7. CMA Working Group Chair, Roberta Wooldridge Smith, Deputy Academic Registrar Secretary, Louise Hasler, Academic Registrar’s Office • Geraldine Swanton, Shakespeare Martineau • Simon Gilling, Legal Services • Helen Toner, Law • Lynne Bayley, Chemistry • Kim Eccleston, SRAOS • Jim Bell, SRAOS • Jo Bell, Student Finance • Helen Pennack, Marketing • Jen Bowskill, TQ • Charlie Hindhaugh, Students’ Union Secretary, Louise Hasler, ARO

8. Where are you in your preparation?

9. Information Provision Four stages Student research and application stage Offer stage Acceptance stage Student enrolment stage Apply Offer Accept Enrol

10. Fair terms and conditions Our full terms and conditions include our general regulations and other regulatory documents. They must strike a balance between our rights and obligations and those of students. For example: no wide discretion to vary course content or increase fees; no limitation on liability for non-performance; no blanket assignment of intellectual property rights to the University; no academic sanctions for accommodation debts easily located and accessed by students and applicants; important or surprising terms highlighted; written in plain and intelligible language.

11. “For the benefit of applicants, this publication is produced at the earliest date possible. The University, however, reserves the right to modify or cancel any statement in this publication and accepts no responsibility for any consequences of such modification or cancellation.”

12. Complaint Handling • Provide information about separate complaints procedures for applicants and current students; • Ensure both complaints procedures easily located and accessible to both applicants and students; • Train staff to follow our complaint procedures; • Operate to clear and reasonable timescales and provide for escalation and appeal; • Provide accurate details of external complaint scheme (OIA) and follow it.

13. Scenario 1 Dan Biggles, a redundant airline pilot, decides to retrain as a lawyer specialising in aviation law. In a meeting with the admissions selector he is told that the popular optional module, Aviation Law, will be offered in his second year. But during year one Professor Ryan, the aviation law specialist, spreads his wings and joins the in-house legal team at Easyjet, and is not replaced. Q: Is the University now in breach of contract? Or can it simply tell Dan that the admissions selector had no authority to pledge the University to offer the module? Scenarios adapted from David Palfreyman (2015) Send for the Director of Compliance! Perspectives: Policy and Practice in Higher Education, 19:1, 10-18

14. Scenario 2 At the University of Rutland there are secret plans to close the subsidiary site that delivers HE to the deprived area of Peterborough some distance away, a location that is accessible for widening-participation students living at home nearby. They will be inconvenienced in terms of child-care and part-time work if they have to undertake a lengthy commute to the University’s leafy lake-side main campus. Q When should potential student-consumers be told of its impending closure? Q Does the University have to refund the fees and expenses of existing Peterborough students who have to drop out? Scenarios adapted from David Palfreyman (2015) Send for the Director of Compliance! Perspectives: Policy and Practice in Higher Education, 19:1, 10-18

15. Scenario 3 A professor assures a third-year undergraduate that, if she self-funds year-one of a PhD, it is ‘very likely indeed’ that the Research Council will provide grant and fees in subsequent years or, if not, that the Department ‘will surely find funding from somewhere’. But the professor does not understand RC policy or appreciate the Department’s poverty. Q Is it ‘negligent misrepresentation’ because he did not check? Q Is it a matter of ‘misleading omission’ if he initially did not know but fails to tell the student when he discovers the true position later? Q Should any professor now avoid discussion that implies unconfirmed contractual commitments? Scenarios adapted from David Palfreyman (2015) Send for the Director of Compliance! Perspectives: Policy and Practice in Higher Education, 19:1, 10-18

16. Risk Analysis If we failed to fulfil the terms of a contract and a cohort of 100 final year undergraduate students sought refunds of their fees and costs: Fees for three years: 100 x 3 x £9,000 = £2,700,000 Living costs for 3 x 9 months: 100 x 3 x £10,000 = £3,000,000 Total = £5,700,000 (Excludes damages for lost time and impact on future career earnings.) Inherent strategic risk: likelihood = likely? impact = moderate? Control actions required to reduce likelihood?

17. https://www2.warwick.ac.uk/services/aro/cpl Work to date to move towards compliance Future projects Useful resources Links to briefing sessions National reports on sector compliance/ preparation Postcard for all staff Communications

18. Student Rights and Responsibilities • New webpage developed in light of CMA Guidance: https://www2.warwick.ac.uk/services/aro/studentrights/ • Highlights relevant Regulations, Ordinances, Guidelines and policies of which students should be aware. • Separated into four key areas of Student Life, Student Study, Complaints and Feedback and information for International Students for ease of understanding and navigation. • Highlights the Warwick Student Community Statement. • Also provides students with sources of further help and guidance such as SSLCs, Student Support Services and the Students’ Union.

19. Terms and conditions updated. Now sent with all UG offers for entry 2016. Guidance for staff involved in Open Days. Guidance for students involved in Open days; distinguishing student ambassadors from departmental bloggers ‘Material information’ generated for all UG courses and sent to UG offer holders; not yet compliant. Prospectus and departmental literature. Recruitment & Admissions

20. Financial transparency • Warwick now publishing fees 3 years in advance • Finance Office survey of departments’ ‘hidden costs’; publication online for students and potential applicants • Impact of TEF; ability to raise fees • Ordinance 16 amendments: discontinuation of academic sanctions for non-academic debt

21. Current students: information • Good Practice Guide on Information for Students updated summer 2015 • National guidance on good practice on course changes and closures • Course handbooks online; ‘copy in durable medium’ suggests hard copy or at least archived pdf annually available

22. Information management • Department handbook (pdf version) • Module catalogue • origin: MA1 module approval form • Maintenance via eVision for module aims, learning outcomes etc. AND MAB return (Exams Office) for module availability and assessment • Course specifications • Origin: Course Spec database (as part of course approval paperwork) • Maintenance via Course Spec database (TQ) • Course regulations • Origin: CA1 Course approval form and module diets • Maintenance of descriptive fields via annual check in conj. with depts (TQ-led, previously SPA) AND • Online Diet Maintenance Tool (Exams Office) for module diets table

23. Operational controls: Departmental • Adhere to undertakings in KIS e.g. contact hours • Ensure staff attend complaints handling training; share and learn from specific complaints; pass on info about stage 1 cases • Review departmental handbook scrupulously to ensure currency and accuracy. Link to hard copy pdf per cohort • Consider implications for course regulations; course specifications, module catalogue. Ensure these are up-to-date • Train staff and student ambassadors involved in marketing/recruitment/online ‘chat’ /social media activity • Archive relevant cohort information • Manage change in academic provision and organisation sensitively with good notice and the involvement of current students

24. Operational controls: Institutional • Identify information ‘owners’ to ensure integrity, currency, accuracy • Clean up ‘old’ information online ensuring consistency of message • Raise awareness of corporate responsibility amongst all teams • Include essential pre-contract information with offers • Review Ts&Cs for fairness and clarity and send to offer holders • Review ‘surprising’ terms; these will vary between markets • Provide key information in durable media and retain cohort versions • Manage expectations of service levels; service level agreements? • Be clear about the roles of differing marketing channels • Manage social media carefully, being careful to clarify the distinction between institutional accounts and others

25. Review of course specifications database and module catalogue. Move to SITS-based workflow for course approval Development of a policy on charges and refunds Separation of University and Students’ Union messaging. Departmental literature Revision of University regulations Still to do … how you can help

26. What next? We can’t ignore it: non-compliance could result in enforcement action by the CMA. CMA is conducting compliance checks; universities will be expected to show evidence of ‘working towards’ required position Recent Which? Report indicates universities are not moving quickly enough; cf. UCL’s experience and reputational damage Universities UK are working with the CMA, the Academic Registrars’ Council and the Association of University Legal Practitioners. The new Consumer Rights Act came into force October 2015, making it easier for authorities to investigate and prosecute.

27. https://www2.warwick.ac.uk/services/aro/cpl Consumer Protection Law is EVERYONE’s responsibilityQuestions?