Since 2004, when the Higher Education Act brought the Office of the Independent Adjudicator for Higher Education (OIA) into being, the OIA has been the official go-to body for complaints brought against universities and colleges by students. However, before taking your case to the OIA, you must have first attempted to pursue your complaint as far as possible internally. Typically you will have also gained possession of a Completion of Procedures Letter. Only then do you have the right to complain to the OIA.
Once you are in possession of your Completion of Procedures Letter, you should go the OIA website and download the OIA Complaint Form. You need to complete this carefully and submit it to the OIA no more than 12 months after the issue of said Completion of Procedures Letter.
The OIA will only make a decision once it has reviewed all of the evidence and information from both parties.
What kind of evidence will the OIA consider?
The OIA will consider any evidence that is deemed relevant to your particular case and it is up to you to make sure that all of the evidence and information you submit is relevant. Including irrelevant information such as long email conversations between you and the university will only hinder your appeal and will ultimately make it more difficult for the OIA to rule in your favour.
A list of potentially relevant evidence and extra information would typically include the following:
- in cases of serious physical illness, students should provide a medical certificate, a hospital report or a report from another qualified medical practitioner
- in cases of psychological illness, students should provide a report from their psychiatrist or psychologist, or from the Student Counselling Service
- in cases of severe personal difficulties, students should provide a report from the Student Counselling Service or other similarly qualified professionals
- in cases of serious illness or death of a family member or close friend, students should provide a medical report or a copy of the death certificate, accompanied by formal confirmation of the deceased's relationship with the student, if necessary
- in cases of a deterioration of a chronic disability or medical condition, students should provide an appropriate medical report
- in cases when the student is the victim of a serious crime, a crime report and number should be provided
- in cases when an appearance in court is required, students should provide evidence from the court or from a solicitor
- in cases of misconduct, students should provide relevant CCTV footage, photographs or witness statements
All of the evidence provided by students must be independent, professional evidence produced in a timely manner. Remember that it is the responsibility of the student to provide the OIA with appropriate evidence.
How can Match Solicitors help?
Our dedicated team of education law experts can firstly advise you on the likelihood of the OIA upholding your complaint. Then, crucially, we can help you prepare the right evidence for your case and even help you to draft your specific complaint.
Ultimately, if the OIA does not find your complaint to be justified, we can advise you as to the merits of taking your appeal on to the High Court. Contact us now to discuss the details of your case in confidence.
Give us a call today to find out how we can help you.
