Competition and Markets Authority, consumer protection and HE admissions

12 October 2015

Dan Shaffer, Head of Professionalism in Admissions

Disclaimer

DON’T PANIC

The CMA advice for HEPs focused on compliance with the following consumer protection legislation: Consumer Protection from Unfair Trading

Regulations 2008 (CPR) Consumer Contracts (Information,

Cancellation and Additional Charges) Regulations 2013 (CCR)

Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR)

Plus Consumer Rights Act 2015 (from October)

This is existing law

The CMA view

The CMA view

Consumer law will generally apply to the relationship between HE providers and prospective and current undergraduate students: HE providers are a ‘trader’ or ‘seller’ for purposes of consumer law

(even if operating on a non-profit basis) Undergraduate students are ‘consumers’ - generally acting for

purposes outside their trade, business or profession (even when study may lead to a related career in the future)

Payment arrangements are not determinative

Consumer law may also be relevant to other types of courses and students

The CMA view

Consumer law sets out minimum standards that apply to various aspects of an HE provider’s dealings with students to help ensure students:

get the information they need to make informed choices about what and where to study

are treated fairly during their studies are equipped to resolve problems if things go wrong

HE providers who do not meet their obligations may be in breach of consumer law and risk enforcement actionStudents/applicants can take independent legal action

CMA’s enforcement powers

Consumer Protection Obligations

Consumer law can apply at any stage of an HE provider’s interaction with prospective and current students

HE providers must: give prospective students the clear, accurate and timely

information that they need so they can make an informed decision about what and where to study

ensure that their terms and conditions are fair, for example, so they cannot make surprising changes to the course or costs

ensure that their complaint handling processes are accessible, clear and fair

Consumer Protection Obligations – quick check

Are you confident you:

give prospective students the clear, accurate and timely information that they need so they can make an informed decision about what and where to study?

ensure that your terms and conditions are fair, for example, so you cannot make surprising changes to the course or costs?

ensure that your complaint handling processes are accessible, clear and fair?

Information

HE providers must give prospective students the ‘material information’ they need to make an informed decision before they apply, including:

course content, structure and how it will be delivered total course costs (including any extra costs students are likely to incur) any information that is likely to affect a prospective student’s

decision

Information must be clear, accurate and easily accessible

Consumer law applies to information given in writing, verbally or visually

Information – examples of breaching obligations

Not providing 'material’ information and/or not providing it at the right time

information is difficult to find and access e.g. it is on a website that is hard to navigate or held in a number of different places

failing to provide information about extra course costs up front failing to make clear that certain modules must be completed for

the award to be accredited only making important information available to prospective

students after they have applied failing to make prospective students aware at the earliest

opportunity of changes to information contained in a prospectus

Information

When an offer is accepted, the HE provider and prospective student will enter into a contract for admission to a course

Admissions via UCAS count as ‘distance selling’ (i.e. online)

Confirmation of a distance contract and pre contract information must be on a ‘durable medium’, within a reasonable time after the contract is entered into (unless already provided on a durable medium)

Information – for discussion

How do you ensure you:

give prospective students the clear, accurate and timely information that they need so they can make an informed decision about what and where to study?

If you said you were confident, o What do you do?o How did you plan/agree it?o How are you reviewing it?

If you weren’t confident, o What more could you do?o How can you plan/agree it?o How should you review it?

Terms and Conditions

Terms should be easily located and accessible to prospective students

Important or surprising terms should be specifically brought to prospective students attention before they accept an offer

Terms should be written in plain and intelligible language Terms should strike a fair balance between the rights and

obligations of the provider and student they should not allow a wide discretion to change important

aspects of the course or fees

Providers will not be able to enforce terms and conditions which are found to be unfair – a disclaimer does not make it fair

Terms and Conditions – for discussion

How do you:

ensure that your terms and conditions are fair, for example, so you cannot make surprising changes to the course or costs?

If you said you were confident, o What do you do?o How did you plan/agree it?o How are you reviewing it?

If you weren’t confident, o What more could you do?o How can you plan/agree it?o How should you review it?

Complaint Handling

Prospective students must be provided with information about the complaints process before they accept an offer

The complaints process must be easily located and accessible Students should be provided with clear and accurate information

about the complaint handling procedures, including who deals with their complaint and details of any external complaint scheme

Complaint handling processes must be fair

Complaints procedures are more likely to comply with consumer law where they follow any guidelines published by a third party complaint scheme

Complaint Handling – for discussion

How do you:

ensure that your complaint handling processes are accessible, clear and fair?

If you said you were confident, o What do you do?o How did you plan/agree it?o How are you reviewing it?

If you weren’t confident, o What more could you do?o How can you plan/agree it?o How should you review it?

Consumer Protection Obligations – final check

Are you confident you:

give prospective students the clear, accurate and timely information that they need so they can make an informed decision about what and where to study?

ensure that your terms and conditions are fair, for example, so you cannot make surprising changes to the course or costs?

ensure that your complaint handling processes are accessible, clear and fair?

now soon

Thank you

enquiries@spa.ac.uk 01242 544891www.spa.ac.uk