1. Risk Points Identifying and tackling key areas of risk for institutions arising from the “new” consumer framework AUA-SPA Applicant Experience Network Siân Jones-Davies: sianjones-davies@eversheds.com Kerry Boxall: kerryboxall@eversheds.com 13 July 2015

2. Introductory remarks Fitting the consumer legal framework to the tertiary education sector Students as consumers – pedagogical v legal debate Allaying concerns (not a death knell for the sector) What’s new (and what isn’t!) Focus on areas addressed in the CMA guidance Consumer legal framework applies to further education colleges and private providers, too

3. The wider student regulatory framework Essence of fairness Keep in mind: –natural justice –Article 8 ECHR –Data Protection Act 1998 A positive student experience QAA Quality Code – Part C and cause for concern scheme

4. Summary of consumer law framework A changing consumer law framework… –the Supply of Goods and Services Act 1982 –the Unfair Terms in Consumer Contracts Regulations 1999 & Unfair Contract Terms Act 1977 –the Consumer Protection from Unfair Trading Regulations 2008 –the Consumer Contracts Regulations 2013 –the Consumer Rights Act 2015

5. Some questions… Question 1 Programme changes cannot be imposed on students A.Yes B.No C.Depends D.Don’t know

6. Some questions… Question 2 The use of disclaimers in student contracts is prohibited A.Yes B.No C.Depends D.Don’t know

7. Some questions… Question 3 A student’s explicit consent is required for any changes to the student contract A.Yes B.No C.Depends D.Don’t know

8. Some questions… Question 4 When does a student contract become legally binding? A.Offer Stage B.Enrolment Stage C.At another stage D.Depends E.Don’t know

9. Key areas of risk – a practical guide (1) 1 or 2 (or more) contracts? / When do student contracts become binding? Hidden fees in student contracts The use of agents and institutions’ risk Reliance on variation terms Blanket terms (e.g. IPR terms, increase in fees provisions)

10. Key areas of risk – a practical guide (2) Disclaimer terms Entire agreement clauses The requirements around “durable medium” Complaints handling procedures Ancillary contracts Arrangements with third parties (e.g. placement providers, FE colleges, overseas partners)

11. Concluding remarks Meet head-on and proactively View holistically A lot of this isn’t new!

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