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: [email protected]
Kerry Boxall: [email protected]
13 July 2015
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
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
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
Some questions…
Question 1
Programme changes cannot be imposed on students
A. YesB. NoC. DependsD. Don’t know
Some questions…
Question 2
The use of disclaimers in student contracts is prohibited
A. YesB. NoC. DependsD. Don’t know
Some questions…
Question 3
A student’s explicit consent is required for any changes to the student contract
A. YesB. NoC. DependsD. Don’t know
Some questions…
Question 4
When does a student contract become legally binding?
A. Offer StageB. Enrolment StageC. At another stageD. DependsE. Don’t know
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)
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)
Concluding remarks
• Meet head-on and proactively• View holistically• A lot of this isn’t new!
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