Part O - Student Complaints

1. These regulations outline the principles and approach that must be followed by students and staff when students wish to raise a complaint. It covers the types of complaints that can be considered, who can complain, provides information about each stage of the process, sets out the expectations of those involved in submitting and responding to complaints, and provides details of the expected timescales.  

 

2. The University is a member of the student complaints scheme, which is run independently by the Office of the Independent Adjudicator in accordance with the Higher Education Act 2004. This regulation has been developed in line with the OIA’s Good Practice Framework for the handling of complaints. 

 

3. Students can get advice about how to use the complaints procedure from the Student Support and Advice team, the Students’ Union’s Advice Centre, and/or their Personal Academic Tutor. 

4. Grounds for complaint might include: 

4.i Dissatisfaction with standards of academic provision (such as, course design, content, resources and facilities, assessment arrangements and information provided to you about your course); 

4.ii Dissatisfaction with the quality of supervision and tuition; 

4.iii Deficiencies in standards of service (which might include problems with support facilities such as University accommodation or administrative services); 

4.iv Harassment, bullying, victimisation and other alleged misconduct by staff; 

4.v Other issues with the quality of your experience. 

 

5. Complaints against the standard of teaching, supervision or other academic support etc. must be made before Board of Examiners make decisions about students’ results and publish these. Such complaints cannot be used to lever an appeal against the academic decision of the Board of Examiners after they have reached their decision. 

 

6. Where allegations of sexual misconduct and/or harassment are made about members of staff these shall be investigated in accordance with the definitions and objectivity tests under relevant legislation and OfS Conditions of Registration. Notwithstanding this, the University encourages that any alleged criminal offences be reported to the Police; the Student Wellbeing team can provide support to any student who wishes to make such a report. If a criminal investigation is taking place, the University’s process(es) will usually be paused but the University can put measures in place to protect all parties. 

 

7. Complaints about University-managed accommodation must be considered under Student Accommodation’s complaint procedure in the first instance. Should students remain dissatisfied with the outcome once this Student Accommodation procedure is complete, they can raise a formal complaint under these regulations. Such cases will be admitted directly into Stage 2 (Complaint Review Stage) under these regulations. 

 

8. The University gives due regard and places significant weight on the importance of freedom of speech within the law, academic freedom and tolerance for controversial views in an education context or environment, including in premises and situations where educational services, events and debates take place, as per its Code of Practice on Academic Freedom and Freedom of Speech. Lawful speech will not be punished because of a viewpoint that it expresses, and such complaints about lawful speech promptly rejected. We shall apply a ‘rebuttable presumption’ to the effect that students being exposed to any of the following is unlikely to amount to harassment:   

8.a the content of our course materials, including but not limited to books, videos, sound recordings, and pictures;  

8.b statements made and views expressed by a person as part of teaching, research or discussions about any subject matter which is connected with the content of our courses. 

 

9 A student cannot use these regulations to challenge decisions made under other regulations governing matters of student contention, as relevant appeal or reconsideration routes are normally available.  

10. The student complaint regulations are available to: 

10.i all currently registered students of the University; or 

10.ii individuals who were registered as a student within the previous three months, and who are complaining about events that occurred within the time limits specified under this regulation.  

 

11. When a complaint is submitted by a group of students, a named individual student is expected to act as the group’s lead and single point of contact, responsible for engaging with the process on behalf of the group and communicating all decisions reached. In some circumstances it might be necessary for an investigator or reviewer to provide bespoke outcome reports or recommendations to individual students within a group complaint.  

 

12. Complaints by students who wish to remain anonymous will only be admitted in exceptional circumstances. In most cases, raising a concern anonymously will restrict any investigation and communication of the outcome. Such complaints will be referred to the Head of Legal and Compliance Services, who will consider the below to determine whether a complaint can be accepted anonymously:  

12.i The gravity of the issues; 

12.ii The credibility of the concern; 

12.iii The likelihood of confirmation from attributable sources. 

 

13. Students studying on University awards at Partner Institutions should use the Partner Institution’s procedures, but have the right to pursue a complaint with the University if they remain dissatisfied with the Partner Institution’s final decision. 

14. These regulations are underpinned by the following general principles:  

• The University will ensure that students raising a complaint through this procedure will not be treated less favourably because they have raised a complaint; 

• All parties will act in good faith. This means engaging honestly, transparently and constructively in the complaints process, with the aim of reaching a fair and proportionate resolution; 

• Students and staff are expected to act reasonably towards each other, and to treat the processes with respect; 

• Complaints will be considered as originally set out. This means further issues cannot be added to a complaint once submitted and an investigation has commenced; 

• Complaints will not be investigated by anyone who has a personal interest in the outcome; 

• Resolution is possible at any stage of proceedings via settlement and/or mediation; 

• The standard of proof to be applied shall be that used in civil court cases i.e. on a balance of probabilities. 

15. Formal Complaints should be raised as soon as is reasonably possible but must be made within three months of the event(s) being complained about.  

 

16. Complaints submitted after the three month time limit will not be investigated unless the student can provide a compelling reason supported by time-relevant and appropriate documentary evidence as to why they were unable to raise the complaint on time. This will normally only apply in cases where physical or mental health conditions impair a student’s ability to engage with our prescribed timescales. The decision whether to allow a complaint made out of time into the procedure will be made by the Legal and Compliance Services team. Each such case will be considered on its own merit, the evidence available and whether the flexibility to the timescales desired would be reasonable.  

 

17. Communication issued to a student or former student about the collection of any outstanding tuition or other debt owed cannot alone be used to claim that an out of time complaint about their student experience is subsequently in time. 

18. Students can seek guidance on the operation of these regulations from Student Support and Advice and the Students’ Union Advice Centre.  

 

19. A student can be accompanied through the process by a ‘supporter’. A supporter must be a member of staff or student of the University, or a staff member from the Students’ Union Advice Centre. Students are responsible for arranging their own supporter. The decision on whether an individual can support a student is at the discretion of the potential supporter and their line management. The student must inform Legal and Compliance Services if they have arranged a supporter prior to any meetings taking place. Where a student is under the age of 18 they are entitled to invite a parent or guardian as a supporter. Where required as a reasonable adjustment for disability the University will look to accommodate requests for a student to be supported by an external party, subject to reasonable conditions, to ensure the fair and effective conduct of the process. 

 

20. Students will normally be able to make a complaint themselves. Where they might find this difficult, they may delegate the conduct of a complaint to a supporter, should the supporter be agreeable. It is a student’s responsibility to make such an arrangement and to ensure such a supporter acting as a representative is fully informed of the case, able to respond on the student’s behalf and engages in an appropriate and timely manner. Legal and Compliance Services must receive valid written consent from a student authorising a supporter to act on their behalf.  

 

21. The University's student contention processes are not of the same formality as courts of law. It is therefore a student’s decision if engaging legal advice. Engaging legal advice is not reason enough to require the University to adjust timescales or meeting dates and the University will not reimburse students who engage legal advice. The University reserves the right to obtain its own legal advice.  

 

22. The University reserves the right to ask a student to nominate a new supporter if they are seen to obstruct the procedure, or if they do not treat others or the process with respect.  

 

Early/Informal Resolution 

 

23. Most concerns can be resolved if they are raised when the problem first occurs and with those directly involved. This often also helps to resolve issues before they grow into a larger problem. The University expects students to raise concerns informally before escalating these as a formal complaint. It also expects staff will engage openly with opportunities to resolve concerns, as well as with other colleagues in their School or Department who might be able to put a justified concern right. 

 

24. If students feel uneasy about raising concerns directly, they should speak with their Personal Academic Tutor, Programme Leader or either Student Support & Advice or the Students’ Union Advice Centre, who should be able to support them to raise their concerns informally.  

 

25. Where informal resolution has not reasonably been attempted, or it is identified that further attempts could be made to resolve the matter informally, the University reserves the right to redirect formal complaints to a colleague for informal resolution. 

 

26. It is expected that concerns raised informally will normally be considered and concluded within two weeks. If no progress is apparently being made by the end of this period, or the suggested resolution is considered unsatisfactory, a student may raise a formal complaint. 

 

27. It is good practice for staff to follow up on any steps taken to resolve a concern informally, in writing to the student. 

Submitting a Formal Complaint 

28. To raise a formal complaint, students must complete the Student Complaint Proforma. The proforma requires a student sets out all substantive points they wish to be investigated in sufficient detail, and to provide all evidence they wish to rely on to substantiate their complaint. The complaint proforma is a student’s opportunity to present their case and all material information they wish to have considered. The onus is therefore on the student to provide both the detail and evidence which supports their complaint. 

 

29. Issues and evidence not included at the point a complaint is submitted will not be accepted for consideration once the investigation has commenced or at a subsequent stage of the procedure, unless this is new and material information which a student would have been incapable of including earlier. 

 

30. Once a formal complaint is submitted, a member of the Legal and Compliance Services team will be responsible for coordinating the procedure and will provide procedural advice to the student and any staff involved. 

 

Appointment of the Investigating Officer 

 

31. The complaint will be assigned to the relevant Head of School/Service by a member of the Legal and Compliance Services team for investigation.  

 

32. The Head of School/Service may nominate a colleague to investigate a complaint on their behalf but they will retain overall responsibility for the investigation, decision(s) and implementation of any agreed remedial actions. Nominees must be senior members of staff without any connection to the case. 

 

33. Some complaints, either by their nature or their gravity, must be investigated by a member of staff other than the relevant Head of School/Service. Examples of these include: 

 

33.i Complaints about the Head of School/Service, where they have a conflict of interest, or where they have had material prior involvement in informal resolution or other decisions or procedures relating to the student. In such a case, the Head of College or SLT lead will be asked to nominate an alternate senior colleague to undertake the investigation.  

33.ii Complaints about the Senior Leadership Team. In such a case, an appropriate senior colleague will be asked to conduct the investigation.  

 

Investigation 

34. The Head of School/Service will, proportionate to the case, interview named individuals identified in the complaint, will carefully consider any documentary evidence, and seek to reach a reasoned judgement on the issues raised. Individuals who are the subject of a complaint must be offered the right of response and offered interview. Where all or part of a complaint relates to members of staff, they have a right to see the relevant sections of complaint forms and corroborating evidence, in order to inform their right of reply.  

 

35. The student will be interviewed or asked to provide further information if the investigator needs to explore the complaint in more depth, or for example, material facts or accounts are disputed, unclear, or complex. Students may be accompanied at any investigatory meeting by a supporter, as defined under these regulations. Should a student decline interview or not respond to requests, the investigation will continue in their absence and the Head of School/Service shall reach their decisions based on the evidence available. 

 

36. Other such individuals (i.e. staff, contractors, other students) may be accompanied to interviews by a University staff member, a student, a representative from the Students’ Union Advice Centre (for students), or a Trade Union representative (for staff). The decision on whether they can attend to support the student is at the discretion of the individual or service.  

 

37. Proportionate notes should be made in relation to any investigatory meeting held. 

 

38. The Head of School/Service will normally conclude the investigation within 20 working days, however, complex cases will, unavoidably, take longer to investigate with due care and thoroughness. Where a Head of School/Service is unable to conclude the investigation within 20 working days, they should request an extension (normally up to an additional 10 working days) via Legal and Compliance Services. Legal and Compliance Services will update the student of any extension. 

 

Outcome Report 

 

39. The Head of School/Service will produce a report for Legal and Compliance Services addressing all key aspects of the complaint and state whether the complaint is substantiated, in whole or in part, or not substantiated.  

 

40. Where a complaint has been fully or partially substantiated, the Head of School/Service will set out the remedies recommended and/or have been put in place. 

 

41. Where a complaint investigation has been undertaken by a colleague independent of the School or Service to which the complaint originates, it is the responsibility of the investigator to inform the Head of School/Service of the outcome before the report is returned to Legal and Compliance Services.  

 

42. On receipt of a completed report, Legal and Compliance Services will review the materials received, and communicate the outcome and any accompanying documentation to the student together with information regarding the complaint review process (Stage 2 of the formal procedure), should the student remain dissatisfied with the outcome. 

 

43. Where a complaint has been substantiated in full or in part and the circumstances of the complaint are relevant, the Head of School/Service may need to consider disciplinary action under the University’s Staff Disciplinary Policy. In this event, further consideration will not be in the scope of the Student Complaints Regulations but the Head of School/Service is expected to offer to meet the student to discuss what immediate steps may be taken, without prejudice to any action taken under, or to the outcomes of, the Staff Disciplinary Policy. Where the outcome of any disciplinary relates to the student, the Head of School/Service may be permitted to share further information with the student, on the advice of the Department of People, Performance and Culture and Legal and Compliance Services. 

44. Where complaints are substantiated in full or in part, the Head of School/Service shall consider appropriate remedy to put matters right. They should agree implementation of any remedies for which they are not directly responsible with other relevant Heads of School/Service or senior colleagues to ensure such an outcome is practical and procedurally sound. 

 

45. If a student accepts the proposed remedy at either formal stage, it shall be in full and final settlement to resolve the complaint and will be implemented as soon as reasonably practicable.  

 

46. A complaint might be remedied via one or more of the following (not exhaustive):   

• A written apology, explanation or clarification; 

• An undertaking the school or service takes steps to remedy any disadvantage experienced by the student (for example, reconsidering a decision as if that decision was being made for the first time); 

• An undertaking to address any issue which appears more systemic and therefore has the potential to impact other students, thus ensuring the circumstances should not happen again; 

• If the University is unable to offer a practical remedy or this is inadequate, then a re-imbursement or waiver of part of fees or financial compensation, aligned to the materiality of the defect in service or impact experienced, may be considered as a last resort. The University will not award compensation for speculative loss of earnings as part of a complaint outcome. 

Requesting a Complaint Review 

 

47. Students may request a Complaint Review if dissatisfied with the Head of School/Service Stage decision subject to specific grounds for review. 

 

48. A request for complaint review must be submitted via the Complaint Review Proforma provided by the Legal and Compliance Services team within 10 working days of the student being issued the Head of School/Service Stage Complaint Outcome Report.  

 

49. A request for Complaint Review may be made on the following grounds only: 

 

49.a the procedure for handling your complaint was deficient in a way which materially prejudiced your case; 

49.b the emergence of new and relevant material that was not available at the time the complaint was first submitted; 

49.c evidence that the judgement of the Head of School/Service was unreasonable in the light of the information/evidence originally supplied. 

 

49. Students may not introduce any evidence that was available to them but which had not been previously submitted at the Head of School/Service stage. 

 

Appointment of the Independent Reviewer 

 

51. Legal and Compliance Services will appoint a senior member of staff from outside the student’s School, or from a different service department to that which the complaint relates, to act as Independent Reviewer. 

 

52. The Independent Reviewer’s role is not to reinvestigate a complaint. Instead they are asked to form a view as to the validity of the student’s grounds and whether this necessitates an alternate outcome and/or remedy be offered. The review process might include making enquiries via the previous Investigating Officer, the student and/or others as the reviewer deems proportionate. If appropriate, they will seek agreement on an alternate outcome and/or remedy via the Head of School/Service and/or other senior colleagues.  

 

53. The Independent Reviewer will aim to reach a final decision to either uphold the Head of School/Service Stage decision, or offer an alternate outcome, within 20 working days. Where an Independent Reviewer is unable to conclude their review within 20 working days, they should request an extension (normally an additional 10 working days) via Legal and Compliance Services. Legal and Compliance Services will update the student of any extension. 

 

54. The Independent Reviewer’s decision will be the final decision of the University. On receipt of a completed review report, Legal and Compliance Services will communicate the outcome and any accompanying documentation to the student together with a Completion of Procedures letter. 

55. A student dissatisfied with the University’s final decision under the complaint process has the right to submit a complaint to the Office of the Independent Adjudicator (OIA), who are an independent review body, for the outcome to be reviewed independently of the University. 

 

56. This right can normally only be exercised when the University’s internal processes have been exhausted and the student is in possession of their Completion of Procedures letter. 

 

57. An OIA Complaint Form must be completed and sent to the OIA, and such a complaint must be made to them within 12 months of the date of the Completion of Procedures letter. 

 

58. Guidance on making a complaint to the OIA can be found on its website. 

 

59. Students may obtain advice about OIA complaint from the Student Support and Advice Centre and/or the Students’ Union Advice Centre. 

60. The University reserves the right to reject a complaint as frivolous or vexatious or suspend an investigation for reasons including (this list is not exhaustive): 

 

60.i  Complaints that are unnecessarily obsessive, persistent, harassing, prolific, and/or repetitious. 

 

60.ii Insistence upon pursuing unmeritorious complaints and/or unrealistic outcomes. 

 

630.iii Complaints that are designed to cause disruption.  

 

61. A member of the Legal and Compliance Services Team will write to the student with a full explanation as to why their case has been rejected. 

 

62. If a student wishes to challenge the Legal and Compliance Services Team’s decision, they must submit this in writing to the Head of Legal and Compliance Services who will review the evidence and will decide whether the challenge is upheld. 

 

63. The decision of the Head of Legal and Compliance Services is final and, if the challenge is not upheld, a Completion of Procedures letter will be issued to the student, who may submit a complaint to the Office of the Independent Adjudicator for Higher Education. 

 

64. A decision to suspend an investigation is made at the discretion of Legal and Compliance Services. In these circumstances the complainant will be notified of the suspension, the reasons for it and how they may rectify the suspension (normally, an apology to the individuals concerned). 

 

65. Frivolous or vexatious complaints may be dealt with under the Student Conduct and Disciplinary Regulations. 

 

66. Staff may raise concerns via the grievance procedure if the administration of these student complaint regulations leads to disciplinary action, reputational issues, or procedural unfairness in relation to their employment.