As an ombuds scheme and registered charity we are independent from governments, sector organisations and from the higher education providers in our Scheme, and our independence underpins our ability to review complaints impartially and fairly. But we are also an integral part of the higher education regulatory landscape in England and in Wales, working in the distinct contexts and approaches of each.
The many challenges for students and the sector deepened over the year. Keeping focused on fairness for students in this context is not easy, but it is important, and we have continued to contribute to the development of policy and practice with this in mind.
We shared insights from our understanding of student concerns and complaints in relevant discussions to support a joined-up, student-focused approach. We worked with a range of organisations, including the Department for Education (DfE), the Welsh government, the Office for Students (OfS), the Higher Education Funding Council for Wales (HEFCW), Universities UK (UUK), National Union of Students (NUS) and the Quality Assurance Agency (QAA), among many others. We regularly contributed at the UK Standing Committee on Quality Assessment (UKSCQA) (now the Quality Council for UK Higher Education) and had regular joint meetings with DfE, the OfS and the Competition and Markets Authority (CMA). We engaged with and contributed to a range of relevant initiatives including the Higher Education Mental Health Implementation Taskforce and the Parliamentary Taskforce on Antisemitism in Higher Education, and fed into a number of inquiries and consultations.
Towards the expansion of our remit in Wales
The Tertiary Education and Research (Wales) Act 2022 includes provisions to extend access to our Scheme to all post-compulsory education and training students in Wales (except for those in school sixth forms where alternative arrangements apply). We continued to liaise with the Welsh government, HEFCW and others to align the timing of the expansion of our remit with the wider implementation of the Act. We will continue to work with all involved, including the Commission for Tertiary Education and Research as it becomes fully established, as this progresses. We began more detailed planning for a phased implementation of our expanded remit, which we expect to begin in September 2025.
We engaged with ongoing developments around the Higher Education (Freedom of Speech) Act 2023, with a focus on promoting clarity for students about complaints involving free speech (the number of these complaints to us remains very small, fewer than 10 in 2023). We and others remain concerned that having two different routes for complaints relating to freedom of speech through our Scheme and the OfS scheme once established could be confusing for students. We continued to work with the DfE, the OfS and others towards making it as clear as possible for students about where to raise their concerns and what the different routes can offer. We are also concerned that it may be difficult for providers to work with potentially different expectations under the two schemes and to signpost students effectively in this context. We expect that once the OfS consultation process has been completed we will be able to better understand and explain how the schemes will work together.
We continued to work with the OfS, HEFCW and relevant professional, statutory and regulatory bodies (PSRBs) across a range of issues and to share information under our formal agreements to support a joined-up approach. This includes information about issues in complaints that may indicate a systemic concern at a provider, and OfS registration information that may impact a provider’s membership of our Scheme. We were pleased to agree a Memorandum of Understanding with Ofqual to support effective working and information sharing between the two organisations, and we welcomed their confirmation that awarding organisations voluntarily being in membership of the OIA Scheme is compatible with Ofqual regulation.
Access to independent redress for unresolved complaints is an important part of achieving fairness for students. We are continuing to engage with the UK government around developments such as the Lifelong Learning Entitlement (LLE) and the wider strategy on access to tertiary education to ensure that independent redress for complaints is considered as part of the greater integration of higher and further education.
Protection for students in the event of a provider closure has become a more pressing concern as the financial situation in the sector has worsened. We continued to encourage and contribute to discussion of this issue, including how to make sure that remedies are available for students who have unresolved complaints, especially where a provider closes and there are no suitable transfer options or funds available. A closure at course or department level can also have a significant impact on the students involved. During the year we fed in learning from our previous experiences of closure events to help minimise the impact on students in these circumstances.
Throughout the year we regularly participated in meetings and events with other ombuds schemes through our membership of the Ombudsman Association, including contributing to the annual conference. We also engaged with the international higher education ombuds sector through the European Network of Ombuds in Higher Education (ENOHE). These were valuable opportunities to share insights and learning and keep up to date with issues and developments in the ombuds sector.
