The future of higher education: student complaints and appeals 

We are now in the 20^th year of the operation of Student Complaints Scheme operated by the Office of the Independent Reviewer for Higher Education (the OIA). Many will recall that the Higher Education Act 2004 provided for a body corporate to be the designated operator of a Student Complaints Scheme for qualifying institutions and for the abolition of the Visitorial jurisdiction over student complaints at higher education institutions established by Royal Charter. 

The OIA’s latest operating report and plan published in February this year noted that there were 3613 new student complaints lodged with it in 2024. This is up 15% on the previous year which is recorded as being another all-time high. The OIA’s most recent annual report (2023) published in May last year gave further information about the types of cases handled by the OIA: ‘academic appeals’ had risen to 45% of the total whereas complaints about ‘service issues’ had reduced to 34% of the total, with a tentative suggestion that this rebalancing was due to the earlier higher numbers relating to complaints arising from the Covid-19 pandemic. Other types of case were noted with smaller numbers, for example 3% relating to non-academic disciplinary matters. The OIA noted that financial remedies for students in that year totalled £1,218, 875 (comprising £580, 311 recommended by the OIA and £638, 564 in settlements). 

Before students bring their complaints or appeals to the OIA they are expected to go through their institution’s internal procedures. At the other end, if they are not satisfied with the OIA’s ‘independent review’ of their institution’s handling of the matter, then it is open to a student to seek to challenge the OIA as a matter of public law in the High Court. Alternatively, students may institute civil proceedings against their institution directly, for example for breach of contract or discrimination under the Equality Act 2010. In the last few years, we have also seen attempts to bring “class actions” by groups of students against their higher education institutions in respect of the disruption arising from industrial action and the pandemic. 

What might the future look like for student complaints and appeals? 

First, it is worth noting that the suggestion from the Government is that the OIA will retain its role in handling complaints by students relating to freedom of speech, notwithstanding that the previous Government’s legislation – The Higher Education (Freedom of Speech) Act 2023 – was going to focus all freedom of speech complaints on a new bespoke scheme operated by the Office for Students (OfS). We must wait to see whether this may lead to different outcomes depending on which of these bodies considers the matter and how cases which involve staff and students are managed effectively. 

Given the regulatory powers now in the hands of the OfS in respect of higher education in England, it remains to be seen whether the OfS will exercise those powers by way of regulatory intervention to seek to protect the student interest further in particular registered higher education providers, whether in respect of freedom of speech, consumer law issues or student disciplinary matters. In each case, the OfS would need to be concerned about a risk to the registered higher education provider meeting its ‘Conditions of Registration’.  

In this regard, a new Condition of Registration (E6) comes into force on 1 August 2025 relating to harassment and sexual misconduct. This will cover incidents against students, including staff towards students and students towards other students. Individual complaints and appeals will still fall to be considered by the OIA but it will be open to the OfS to take regulatory action against an institution which does not comply with the framework set out in Condition of Registration E6 which includes the institution having a ‘Comprehensive Source of Information’ containing relevant policies and procedures which meet ‘minimum content requirements’. The OIA has previously published ‘Case notes’ showing how it has addressed complaints and appeals in this specific area and has confirmed that it is planning to update its Good Practice Framework. This is no doubt to ensure alignment with OfS Condition of Registration E6. 

Both the OfS and the OIA have also published helpful material in recent months in connection with the closure of institutions or courses given the ongoing concerns about financial sustainability. Most recently, the OfS has published a ‘regulatory statement’ this month about protecting students during industrial action. This provides various expectations, including that institutions should communicate clearly with students in the event of industrial action and ensure that timely support is provided. That support would include rescheduling teaching and assessment, proactively identifying those eligible for compensation and ensuring that it is made clear that students have the right to escalate complaints and appeals to the OIA. The OfS regulatory statement also includes an expectation that institutions submit ‘reportable events’ to the OfS which may act as a trigger for the OfS to consider whether there is a risk to an institution complying with its Conditions of Registration. 

Finally in this brief overview as we look to the future of higher education, it is noted that consumer law has been updated by the Digital Markets, Competition and Consumer Act 2024 which came into force on 6 April 2025, superseding the Consumer Practices Unfair Trading Regulations 2008. This legislation includes various prohibitions including false or misleading information provided to consumers. Another market regulator – the Competition and Markets Authority (CMA) – also has significant enforcement powers under this legislation which could be used in the higher education context to protect students as consumers, should that be considered appropriate.