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<p>I have been clear throughout the COVID-19 outbreak that consumer law continues
to apply, and statements by the Competition and Markets Authority (CMA) confirm this.
Providers need to ensure they have regard to guidance about their consumer protection
obligations.</p><p> </p><p>This has been a very difficult time for students, and the
government is working with the sector to make sure that all reasonable efforts are
being made to enable students to continue their studies. The sector has put in significant
resources and worked hard to provide and prepare learning materials for this academic
year and there have been some fantastic and innovative approaches to delivering high-quality
learning.</p><p> </p><p>I welcome the huge amount of resource universities and higher
education (HE) providers have given to ensuring blended teaching is of the high-quality
expected by the government and the Office for Students (OfS). The government’s clear
and stated expectation is that universities should maintain the quality and quantity
of tuition and seek to ensure that all students regardless of their background have
the resources to study remotely.</p><p>I wrote to the OfS on 13 January, outlining
the government’s expectations of the HE sector following the new national lockdown.
Following this, the OfS wrote to providers’ Accountable Officers, setting out the
actions that they are taking in connection with providers’ compliance with existing
regulatory requirements. We expect providers to ensure that continuing and prospective
students receive the clear, accurate and timely information needed to make informed
decisions. This letter is available here: <a href="https://www.officeforstudents.org.uk/media/928ddbfc-7d48-4a7b-853e-411c34d6202f/ao-letter-regulation-during-the-current-phase-of-pandemic-14-jan-2021.pdf"
target="_blank">https://www.officeforstudents.org.uk/media/928ddbfc-7d48-4a7b-853e-411c34d6202f/ao-letter-regulation-during-the-current-phase-of-pandemic-14-jan-2021.pdf</a>.</p><p>
</p><p>Whether or not an individual student is entitled to a refund of fees will depend
on the specific contractual arrangements between the provider and student. If students
have concerns, there is a process in place. They should first raise their concerns
with their university. If their concerns remain unresolved, students at providers
in England or Wales can ask the Office of the Independent Adjudicator (OIA) for Higher
Education to consider their complaint. Due to the individualised nature of student
contracts and student circumstances, the process which is in place ensures that institutions
have the opportunity to consider student complaints effectively and offers them an
opportunity for early resolution of complaints with students. This is particularly
important in situations where remedies other than refunds would be more helpful or
beneficial to a student.</p><p>If there are concerns, the OfS has the powers to act.
It is an OfS registration condition that providers must deliver well-designed courses
that provide a high-quality academic experience for all students and enable a student’s
achievement to be reliably assessed.</p><p> </p><p>The OfS does not get involved in
individual student complaints, that is for the relevant HE provider and potentially
the OIA. Students can, however, notify the OfS of issues that may be of regulatory
interest to it. These are called ‘notifications’. The OfS uses this information as
part of its regulatory monitoring activity and keeps HE providers under review to
ensure that they comply with the ongoing conditions of registration. The OfS has produced
a guide for students to support them in this process. This is available via the following
link: <a href="https://www.officeforstudents.org.uk/for-students/ofs-and-students/notifications/"
target="_blank">https://www.officeforstudents.org.uk/for-students/ofs-and-students/notifications/</a>.
The OIA website is available via the following link: <a href="https://www.oiahe.org.uk/"
target="_blank">https://www.oiahe.org.uk/</a>.</p><p> </p><p>The CMA has published
guidance on consumer contracts, cancellation and refunds affected by the COVID-19
outbreak. This sets out the CMA’s view on how the law operates to help consumers understand
their rights and help businesses treat their customers fairly. This is available via
the following link: <a href="https://www.gov.uk/cma-cases/consumer-protection-review-of-higher-education"
target="_blank">https://www.gov.uk/cma-cases/consumer-protection-review-of-higher-education</a>.
This includes publishing a restatement on 30 November 2020 on their views on Consumer
Protection Law. This is available at: <a href="https://assets.publishing.service.gov.uk/media/5fc4bab98fa8f5474e63ab0b/HE_restatement_.pdf"
target="_blank">https://assets.publishing.service.gov.uk/media/5fc4bab98fa8f5474e63ab0b/HE_restatement_.pdf</a>.</p><p>
</p><p>The OfS has also published guidance on student consumer protection during the
COVID-19 outbreak, which is available via the following link: <a href="https://www.officeforstudents.org.uk/advice-and-guidance/coronavirus/provider-guide-to-coronavirus/student-and-consumer-protection/"
target="_blank">https://www.officeforstudents.org.uk/advice-and-guidance/coronavirus/provider-guide-to-coronavirus/student-and-consumer-protection/</a>.</p><p>
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