risk points identifying and tackling key areas of risk for institutions arising from the “new”...
TRANSCRIPT
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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