OfS reports institutions to Trading Standards over consumer law

The Office for Students has “begun to refer cases to National Trading Standards” where it thinks English higher education institutions “may not have complied with the law” on consumer protections, according to the head of the sector regulator.

Susan Lapworth was due to make the comments in an online event discussing an OfS report on how students’ rights are protected by consumer law, published on 15 June.

Students’ consumer rights include “the provision of clear information about courses; transparent and fair terms and conditions in student contracts; and accessible and fair complaint-handling procedures”, the report says.

The moves may concern universities already angered by the OfS’ approach to regulation and imposition of additional requirements.

Ms Lapworth, the OfS chief executive, will say at the event: “A degree is one of the biggest financial investments a student will make in their lifetime. Many universities and colleges provide clear, accurate and timely information to help students with this significant decision.

“Yet often this isn’t the case. We also see too many cases where the terms and conditions in the contract between a university and its students may not be fair. And the increase in the case work of the Office of the Independent Adjudicator signals the continued importance of responsive complaints processes for students not satisfied with their course.

“The OfS’ regulation focuses higher education providers on the need to ensure their policies and practices comply with consumer protection law. We have also begun to refer cases to National Trading Standards where we think an institution may not have complied with the law.”

She was expected to add: “Students and those who support them can continue to contact us through our notifications system, to inform our understanding of the issues they face.”

The OfS formed a new partnership with National Trading Standards last year.

National Trading Standards, funded by the government, describes itself as responsible for “gathering important intelligence from around the country to combat rogue traders”.

Over the next year, the OfS will consult on an updated approach to protecting the interests of students as consumers, which “may involve revisiting our current consumer protection conditions and considering replacing them with more focused requirements”, while the regulator will also “consider the extent to which it is appropriate for the OfS, as the independent regulator for higher education in England, to set requirements that go beyond those in consumer protection law”, according to the report.

john.morgan@timeshighereducation.com