Complaints to the Office of the Independent Adjudicator (OIA)

The Office of the Independent Adjudicator (OIA) is an important forum to deal with disputes between students and their universities. It is particularly useful because, if a student is not able to achieve an outcome to their satisfaction, through the university’s own internal policies and procedures, they can take their complaint to an independent body, the OIA. The Office of the Independent Adjudicator reviews student complaints “independently, impartially and transparently, and use our learning from complaints to help improve policies and practices in higher education.”

The Office of the Independent Adjudicator can deal with anything a university has done or failed to do so. However, notwithstanding this broad statement there are limits on what type of complaint the OIA can deal with and, in any event, the OIA is not always the best forum for a student to maximise their objectives. Therefore, it is sensible to seek legal advice on the alternative routes and possible outcomes that may be available when making a complaint to a university, or having exhausted the university’s internal complaints procedure.

Launched in 2004, with updated rules in 2018, the OIA is an independent body which has been set up specifically to deal with student complaints. It is completely free to use if the student pursues the complaint to the OIA without legal representation. However, the process of complaining to the OIA can often be tricky to navigate, so legal advice can be worthwhile, if only to understand what options and remedies are available. There may be other remedies that a student can pursue, either independently of, or in addition to taking a complaint to the OIA.

At IBB Law, our specialist education law solicitors have a history of taking complaints to the OIA and achieving positive outcomes for our clients. We can guide you through the whole process of making a formal complaint or appeal against the university and then to the Office of the Independent Adjudicator, giving you the best chance of success.

Our expertise includes complaints to the Office of the Independent Adjudicator in relation to matters such as:

Breach of contract between a student and their university
Negligence by the university
Academic failure
Discrimination (including racism, sexism and ageism)
Any other university complaint that your university has not dealt with to your satisfaction

Arrange an online meeting with a specialist education solicitor now

The earlier we are involved, the greater the likelihood of a swift resolution in your favour. Our team will be happy to provide initial advice on your case and talk you through exactly what we can do to help. We offer a fixed fee initial consultation which takes place online, at a day and time convenient to you. If you would like to arrange an online meeting, speak to our senior legal administrator, Rachael, on 01895 207230 or email Rachael.

Common questions about complaints to the Office of the Independent Adjudicator

What does the Office of the Independent Adjudicator do?

Under the terms of the Higher Education Act 2004, the OIA is empowered to make decisions on any complaints which have been made by students about their university.

In every case, the complaint must be instigated by the student, and the student should be able to prove that they have exhausted every other channel of complaint. The OIA will not review a complaint unless the university has considered the student’s representations. This may involve sending proof of any formal complaint which was made to the university in the first instance, as well as evidence of any subsequent appeals processes or hearings.

What type of complaints can the OIA deal with?

The OIA can deal with the following types of complaints.

Disputes about the fairness of procedures and whether they had been correctly interpreted and applied and how a higher education provider has communicated with the student.
Whether an academic has expressed an opinion outside the areas of their academic competence.
What the facts of a complaint are and the way the evidence has been considered.
Whether there is evidence of bias or maladministration.

What issues can you face?

The OIA is available to receive complaints on a variety of issues, from breach of contract, negligence, instances of academic failure, to charges of discrimination, including racism, sexism and ageism. It can handle cases which have already made their way through the appeals system at the university, making it an option for students who feel that their case was not properly dealt with in the first instance.

How does making a complaint to the Office of the Independent Adjudicator work?

When a university reaches the end of its internal processes for dealing with your complaint, it will issue a Completion of Procedures Letter (COP Letter). This Completion of Procedures Letter will set out when you have reached the end of the university’s internal processes, what has been considered and your right to take the complaint to the Office of the Independent Adjudicator.

Once you have received a COP Letter and have decided you wish to take the complaint further, you will need to fill in the OIA’s Scheme Application Form and ensure it is submitted in line with the OIA’s Completion of Procedures deadline.

At this stage, the university will be invited to submit comments and evidence to support their case. Once the OIA has received all the relevant documentation from both parties, it will make a decision on the case.

If the case is won by the student, the OIA has the authority to make formal recommendations to the university and to penalise them if these recommendations are not heeded.

If the case is won by the university, the student may appeal their case to the OIA by way of a judicial review in the High Court.

Is there a time limit for making a complaint to the Office of the Independent Adjudicator?

A complaint to the Office of the Independent Adjudicator must be made within 12 months of the University’s decision, that is 12 months from the date of the Completion of Procedures Letter.

Does the Office of the Independent Adjudicator charge a fee?

No, but you will have to pay your solicitor for the work they do for you, to assist with your complaint.

What does the Office of the Independent Adjudicator do on receipt of a complaint?

The Office of the Independent Adjudicator will carry out its own investigation, seeking information from the university and also giving an opportunity for the student to comment on the university’s comments.

What happens at the end of the OIA investigation?

The OIA will send a Complaint Outcome to the student and university. The student will be advised if the complaint is justified, partly justified or not justified, with, importantly, reasons for their decision.

How long does a complaint to the Office of Independent Adjudicator take?

The precise time frame will depend on the details of the complaint and the investigations the OIA is required to undertake. Once the investigations are completed the Office of the Independent Adjudicator aims to inform a student of their decision within 90 days, but this time frame can be extended by the OIA.

What decisions can the OIA make against a university?

The OIA may make the following recommendations to the University:

That the complaint should be sent back to the University for reconsideration, because its internal procedures have not been properly followed.
Recommendations for improvements in the way the University handles its complaints.
Recommendations to the University to change its internal procedures or regulations.
Recommendation that the University should make a payment to the student for loss suffered, which may also include compensation for distress and inconvenience.
Recommendation that the University apologises to the student.
Recommendation that a complaint should be considered in another forum.
The University is required to comply with the recommendation of the OIA.

How much does it cost to make a complaint to the Office of the Independent Adjudicator?

We offer a fixed fee initial online consultation with one of our specialist education solicitors, to discuss your complaint against the University.

We will consider your documents at that online consultation meeting, listen to your story, hear the outcome of using the university’s internal complaints procedure and what you like to achieve.

We will then advise you on the merits of your complaint, what you might be able to achieve and, if you would like us to help you beyond the initial consultation, how much that will cost. The actual cost will depend upon the number of documents you have and the amount of work we anticipate, to achieve the outcome you seek. We will also advise you on other options, either in addition to or in the alternative to a complaint to the OIA.

We aim to provide you with a clear and transparent cost estimate so you may make an informed decision at the end of the fixed fee initial online consultation. There is no separate charge or fee made by the OIA to consider your complaint.

Please note that we are only able to take on cases on a privately paying basis. If you are unable to privately fund your case or you are looking for general guidance on what actions you can take in respect of your complaint against the university, you can refer to Citizens Advice.

How many complaints does the OIA handle each year?

As at March 2024, the most recently published Annual Report from the OIA, of 2022, reveals the OIA received 2,850 complaints in 2022. This was an increase of 3% (2,763) from 2021. The number of complaints has been increasing since 2016.

By category, the complaints received by the Office of Independent Adjudicator, in 2022, were as follows:-

Academic Appeals (38%)
Service Issues (38%)
Financial (6%)
Disciplinary matters (academic) (5%)
Equality Law/Human Rights (4%)
Welfare/non-course service issues (4%)
Disciplinary matters (non-academic) (3%)
Fitness to practise (2%)

What can I do if I do not accept the decision of the Office of the Independent Adjudicator?

The decisions of the of the OIA can be challenged in the courts, by taking legal action. The legal action will be for judicial review of the decision. We regularly deal with cases involving judicial review and deploy this approach in cases where the decision taken by an organisation is unfair.

How much compensation does the OIA pay?

Where a practical remedy, to a student’s complaint, is not possible, or is not sufficient, the OIA may recommend financial compensation. In the Annual Report of 2022 (the most recent data available as at March 2024) the OIA reported that the highest single amount of financial compensation was over £48,000.

What do others say about IBB’s Education Solicitors?

Here are some comments of what others have said about our Education Law legal team.

“From the outset they listened and guided me through my options. I have been struck by the consistency in their process, their professionalism and empathy. Their strengths have definitely been in their willingness to collaborate with other legal professionals in order to give you the best possible chance of success. They don’t shy away from meeting online and so I really feel understood and cared for.”

“Very personal service where nothing is too much trouble. Prompt in all responses and no stone left unturned to advise thoroughly ensuring the best decision is made. Impressive high standards in all aspects of service. I can’t rate them highly enough.”

“I believe IBB Law Education Team have shown themselves to be true to their word. They have collaborated with me in terms of what to expect at each stage of my case. Their practice is transparent and open, also they are clear and concise regarding the fees.”

“The experience was excellent. I was able to sort out my issue in less than a month with the help of the team at IBB Law. Right from the beginning of contacting the firm, I was provided all the support and communication with the team was also very smooth. I am more than happy to have contacted the firm. I would definitely recommend IBB Law to anyone that is going through a similar situation as mine.”

IBB offer unrivalled skill and expertise when it comes to education law matters. They are very well-placed to represent students in all types of public and private law claims against universities. They also do a lot of work in the schools sector, in particular when representing parents in claims against independent schools. They are knowledgeable in the main areas of law that cut across these and associated areas of the education sector. Given their level of experience in these areas, they also have a very good practical understanding of the education sector and are geared towards achieving good practical outcomes for their clients.’

“The gold standard team for higher education work. IBB is one of my main instructing solicitors and I always feel completely confident that they will do an excellent job for the client. The cases are meticulously prepared, and they are very client-focused and practical in their approach.”

The Education Law Team at IBB is ranked by Legal 500. Legal 500 describe themselves as the leading guide to law firms and solicitors across the UK.

Get clear legal advice and support for making a complaint to the Office of the Independent Adjudicator

If you would like to know more about how we can help you with your education law enquiry and, particularly your complaint against a university and taking your complaint to the Office of the Independent Adjudicator, please contact our education law senior legal administrator, Rachael, on 01895 207230 or by email on educationteam@ibblaw.co.uk

Rachael will arrange an online fixed fee consultation meeting with one of our specialist education solicitors. Rachael will send you a link to an online suite for you to select a day and time that is convenient for you.

Meet the team

Celia Whittuck
- - Celia Whittuck
  - Senior Associate