QRV Consumer Protection Measures

Transcription

1 QRV Consumer Protection Measures Christine Bevan Quality Specialist QRV Event, NI 6 October 2017

2 Session outcomes Background Overview of CMA guidance The baseline regulatory requirement Workshop Next steps

3 Background to CMA CMA - 1 April 2014 Uses powers to tackle market wide consumer problems or issues which affect consumers ability to make choices

4 Background to CMA work in the HE sector Call for Information (CfI) on the HE (undergraduate) sector in England Findings: no evidence of pervasive bad practice identified some potential consumer protection concerns CMA compliance guidance for UK HE providers published March 2015 Sets out CMA s interpretation of the law (only a court can determine if there has been a breach of consumer law)

5 How does consumer law apply to UK HE sector? Applicable throughout the whole of the UK Applies to the relationship between HE providers and prospective and current undergraduate students (it may also be relevant to other programmes and students) Sets out minimum requirements that apply to various aspects of an HE provider s dealings with students Sits alongside sector specific requirements and guidelines e.g. QAA s UK Quality Code; OIA s Good Practice Framework for handling complaints; HEFCE statement of good practice around course changes and closures

6 Guidance theme (1): information provision Applies to information that is given in writing, verbally and/or visually Must give prospective students the material information they need to make an informed decision before they apply Information must be clear, accurate and easily accessible Must provide pre-contract information at the latest before students accept the offer At acceptance the provider and the student enter into a contract for admission to a course

7 Guidance theme (2): terms and conditions Includes all contracts, rules, regulations and other documents that students are bound by Terms should be easily located and accessible Important or surprising terms should specifically be brought to the attention of the prospective student before they accept the offer Terms should be written in plain and intelligible language Strike a fair balance between the rights and obligations of the provider and the student

8 Guidance theme (3): complaint handling Complaint handling processes must be transparent and easily accessible to both prospective and current students Complaint handling processes must be fair HE providers should ensure that staff are trained in and follow the complaints procedure

9 The baseline regulatory requirement: consumer protection obligations Element of the baseline regulatory requirement Focus Policies and procedures are in place to ensure consumer protection obligations are met. The Competition and Markets Authority (CMA) has published guidance to help higher education providers understand their responsibilities under consumer law. Provider s policies and procedures to help ensure that prospective and current students receive clear, accurate and timely information; that terms and conditions are fair; and that complaint-handling processes and practices are accessible, clear and fair. In particular, has the provider considered and, where appropriate, acted upon the CMA s guidance on compliance with consumer protection law.

10 Annex 2: Relevant baseline regulatory requirements framework for QRV indicative questions and evidence Requirement Indicative questions Indicative evidence Policies and procedures are in place to ensure consumer protection obligations are met How do you ensure that prospective students are given the information they need in order to make informed decisions? How do you ensure that the terms and conditions between you and your students are fair? How do you ensure your terms are easily located and accessible and that important terms are drawn to prospective students attention before they accept an offer? How do you ensure that your terms are clear and unambiguous? How do you ensure that your terms are fair and balanced? How do you ensure that your complaint-handling processes and practices are accessible, clear and fair? Policies incorporating consumer protection obligations Policies and procedures covering the provision of information to prospective students (before, with and after offers are made) and samples of such information Policies for reviewing terms and conditions, including policies relating to course changes and closures and fee changes, examples of cases Complaints processes and policies and examples of cases Academic and student regulations and supporting policies and/or any student contract, including in relation to terms allowing changes to courses and/or fees, and examples of how such terms have been applied Complaints and appeals process and policies, and examples of cases Likely to be some overlap between the indicative evidence above and that required for the baseline regulatory requirement for student protection e.g. course changes and closure; complaints and appeals process

11 Workshop

12 Consumer protection AfDs and SIs: published reports Spring 2017 No. Category Detail 1. AfD Further clarify and identify to students the various policies which constitute the terms and conditions of their enrolment. 2. AfD Provide further clarity on the procedures for appealing admission decisions. 3. AfD Further develop the management arrangements for publishing information to ensure continuing alignment with consumer protection measures. 4. AfD Clarify and revise terms and conditions to ensure that they fully align with the College s consumer protection obligations. 5. SI Ensure that accurate, complete and consistent communication to prospective and current students is formally provided. 6. SI Implement a process for the effective management and oversight of all information relating to higher education provision. 7. AfD Ensure that all information for prospective and current students is complete and consistently presented. 8. AfD Further update and clarify the information made available to students regarding access to resources provided by the awarding body and the awarding body Students Union. 9. AfD Review terms and conditions to include explicit reference to awarding organisation programmes. 10. AfD Explicitly articulate procedures for applicants to submit complaints or appeals about admissions decisions.

13 Consumer protection checklist Consider how the CMA s guidance applies to your institution Make any necessary changes to practices, policies, rules and regulations Ensure all policies are internally consistent Ensure mechanisms are in place to ensure different departments and/or faculties are following guidance Ensure relevant staff are aware of, and follow, CMA guidance when designing and/or operating internal practices and procedures

14 Any questions?

15 qaa.ac.uk +44 (0) The Quality Assurance Agency for Higher Education 2016 Registered charity numbers and SC037786