Disputes with Higher Education Institutions OIA Appeals

Our education law solicitors at Birkett Long act for students in appeals against higher education institutions, including universities.

When you make the decision to enter higher education, you will no doubt have a whole set of goals that you wish to achieve. The excitement of starting out on the next stage of your life with your future career in mind will be at the forefront of your thoughts.

But if a dispute or issues arise, that excitement can quickly turn to frustration and anxiety.

The disputes we assist with cover a range of areas, including: 

Complaints about staff

Have you found yourself in a dispute with your university or other higher education institution because you have been unfairly treated, or a decision made has affected your studies? The first step is to follow the internal appeals process and/or the university’s or higher education institution’s own complaints procedure. 

You will need to prepare appeal documentation and may need to attend a hearing. A specialist university solicitor will be able to assist you in preparing your appeal and also to represent you at any hearing that may be required.

Plagiarism

Plagiarism is the act of submitting work that has been derived completely or in part from the work of others, without due acknowledgement. It can also arise from colluding with another student other than when permitted for joint project work and failing to acknowledge that significant help has been received. It is a breach of academic integrity. 

University policies will generally dictate that no candidate is allowed to make use of ‘unfair means’ in any examination, which would include plagiarism. Defending plagiarism cases call for expert legal representation provided by a specialist university solicitor.

Discrimination against Disabled University Students - Education providers have a duty under the Equality Act 2010 to make reasonable adjustments to ensure disabled students do not suffer discrimination, and all higher education establishments are required to have a Disability Services Department responsible for arranging support for disabled students.

If you believe you have been discriminated against on the grounds of your disability, you should discuss the matter with the university in the first instance. If you still find that your issues are not being addressed, it is worth taking legal advice from a specialist higher education solicitor who will inform you of your rights

PhD supervision

Some students find that they are having significant supervision issues. Their supervisors may not be responding or may be suggesting something outside the scope of the thesis. The supervisor may be on sabbatical or may not provide enough feedback to enable the student to continue with the research. There may have been a Review Panel meeting at which the supervisor did not adequately represent the student's research.

Fitness to practice

Professional bodies and organisations require universities to ensure that students working towards such qualifications have the required knowledge, skills and have the appropriate character. Because of this, universities will investigate students if they are concerned about their conduct whilst at university or on placement. These are very stressful and important proceedings as they can jeopardise your ability to qualify and practice as a professional in a number of fields.

Exclusion

Disciplinary proceedings can have a significant effect, not only on studies, but on your future career prospects if a decision goes against you. These can often result in you being excluded therefore it is always advisable to seek specialist legal support. 

What is the Office of the Independent Adjudicator for Higher Education (OIA)

The OIA implements a scheme designed to deal with students who have complaints against universities. If a student cannot successfully overturn a decision after following a university’s complaints procedure, one of the next potential steps is a complaint to the OIA. 

Where a complaint is found to be justified (whether wholly or in part), the OIA aims to put a student in the position he/she would have been in had the act or omission by the higher education institution not occurred. It may make recommendations to the university, including that it should make a payment to a student, it should apologise to the student and/or change its internal procedures. We can support you through every step of your complaint to the OIA.

We can also advise on the potential for judicial review of a decision made by a university, as well as breach of contract claims (as a contract exists between a university and a student).

Who can complain to the OIA?

Students can complain if they are or were a student registered at a higher education provider, or a student is or were studying for an award granted by a higher education provider.

How Birkett Long can help

The specialist higher education lawyers at Birkett Long can provide expert timely advice and assistance to students through use of their sector knowledge. We provide ourselves on our responsiveness and ability to communicate difficult legal points clearly and so that they are understood by you.