1. THE STUDENT EXPERIENCE – WHAT’S THE DEAL ?
Presentation by
Robert Behrens
Independent Adjudicator for Higher Education
in England and Wales to
Higher Education Policy Institute
The Royal Society, London 06 May 2009
“Comrades ! The first principle of the Revolution is effective time-keeping.” Govan Mbeki

2. THE STUDENT EXPERIENCE AND THE OIA - OVERVIEW
OIA Mandates
Accountabilities
Governance
Mission and disposition
Operational Engagement
Pathway Project
The ‘Wicked’ Issues

3. OIA MANDATES
Designated under Higher Education Act 2004 as Independent Scheme without charge to complainants
Qualifying Institutions include HEIs in England and Wales
Governing Bodies have a statutory obligation to comply with the Scheme Rules [Section 15(1)]
Qualifying complaints include “an act or omission” by an HEI, brought by student or former student [Section 12], once internal procedures exhausted [Sch 2,3b].
Tests are whether HEI has abided by own procedures or acted reasonably “in all the circumstances” [Rules 7.4.4]
Must not relate to “matters of academic judgment” [Section 12.2]
Scheme funded by Member subscriptions based on student numbers.

4. OIA ACCOUNTABILITIES
Duties of designated Operator, to publish Scheme and Annual Report, and supply information to Minister, set out in Act.
Subject to Judicial Review following Siburorema hearing in Court of Appeal in 2007.
Company Limited by Guarantee. Not part of Ministry (as in Austria and Sweden). Not an NDPB with state funding. Not a Charity.
Full (voluntary) adherence to Nolan Rules and 7 Principles of Public Life. Not a ‘Public Authority’ subject to FOI requests.

5. OIA GOVERNANCE
Board has 14 members. A majority, 8, including the Chair, are Independent, appointed under Nolan Rules.
A minority, 6, nominated by HE representative bodies. Included CUC (Ray Burton), UUK, NUS, HE Wales, Guild HE, and AHUA.
The Independent Adjudicator is appointed (3 year term) by the Board under Nolan Rules and leads a small Management Team and group of Assistant Adjudicators.
The Board plays no part in Adjudication, and has an obligation to preserve the independence of the Scheme and the Independent Adjudicator.

6. OIA MISSION AND DISPOSITION
Mission: “Resolving student complaints with independence, impartiality and precision.”
Values: Quality, Independence, Integrity, Openness and Service Ethos.
Key Operational Principles: A proportionate, evidence-based approach based on risk management, and promoting continuous dialogue to promote good practice
Not a Regulator. Where a complaint is Justified we “may recommend” but “may not require” [Sch.2,S13(6)].
HEIs expected to comply with Formal Decisions and Recommendations “in full and in prompt manner” [Rules 7.5]
Non-compliance will be reported to the Board and publicised in Annual Report. The Board considers “whether and if so how” referrals are dealt with [Rules 7.7,10.12].

7. OIA OPERATIONAL ENGAGEMENT
Handling times reduced by 17 per cent in 2008
In 2008, 7 per cent Justified, 16 per cent Partly Justified,71 per cent Not Justified.
Unit cost of handling a complaint is 2k
15 Judicial Review Applications. 2 full hearings. None successful.
Complaints rising year-on-year (537 in 2005, 900 in 2008).
Two-thirds of complaints relate to academic related issues (eg handling of mitigating circumstances, hearings and appeals)
Business, Medicine-related and Law courses generate most complaints
International students outside EU constitute 22 per cent of cases

14. THE PATHWAY PROJECT Early Findings:
Broad consensus that 2004 Scheme an improvement on previous arrangements and has promoted better practice by HEIs
Strong endorsement of independence of Office and authority of Adjudications.
HEIs critical of the time and effort required to conclude decisions.
No consensus on alternative funding arrangements
Consultation exercise on the next phase of OIA development
Issues and Questions Paper (October 2008) attracted 122 institutional responses.
Independent quantitative study of student complainants (conducted by Kings College, London) April and May 2009.
Report to be published in Autumn 2009.

15. THE ‘WICKED’ ISSUES Promoting Good Practice Public Trust
Transparency
Time (‘Comrades ! The first principle of the Revolution is effective time-keeping’)
Complaints Resolution
Promoting Good Practice
Strategic Planning for ‘No Surprises’
The User Perspective – being faithful to the student experience.