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<p>Decisions on students’ issues are primarily for individual institutions. Higher
Education providers (HEPs) are, in the first instance, responsible for the management
of their own internal affairs, complying with relevant legislation. Responsibility
for handling a student complaint is initially a matter for the relevant Higher Education
provider. Where a student complaint cannot be resolved through the institution’s complaint
processes, they can take their complaint to the Office of the Independent Adjudicator
(OIA) for Higher Education. The OIA was established in 2004 as an alternative to the
courts and is free of charge to students.</p><p> </p><p>HEPs can also have responsibilities
under consumer law which should be discharged fully, and policies and procedures should
be in place to comply with the law. The Competition and Markets Authority (CMA) has
published guidance to help HEPs understand their obligations under consumer law.</p><p>
</p><p>The government has published a consultation on behalf of the new Office for
Students (OfS) regarding the regulation of the higher education sector. The consultation
includes a proposal that the OfS will require registered HEPs in the approved and
approved (fee cap) categories to demonstrate that they have given due regard to relevant
guidance, such as that of CMA, to comply with consumer law when developing their procedures
governing their contractual relationships with students. The consultation closes on
22 December and a response will be published in due course.</p>
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