Discussion meetings on the Code of practice for the assurance of quality and standards in higher education, Section 5: Academic appeals and student complaints on academic matters
Two cycles of meetings have taken place to update and seek comments from colleagues in higher education institutions, further education institutions and other stakeholders. The information gathered in these meetings with inform a formal consultation, to take place later in Spring 2007
Current edition of the Code of practice, Section 5: Academic appeals and student complaints on academic matters (first published in March 2000).
Reports
As part of the background briefing for these sessions, QAA has commissioned commentaries on the current legal context for complaints and appeals in higher education in England, Wales and Northern Ireland, and in Scotland.
Mills & Reeve
Mills & Reeve were commissioned by QAA to provide an update on the law relating to student complaints and appeals to inform the review of the Code of practice, Section 5: Academic appeals and student complaints on academic matters (March 2000).
This update highlights the key legal themes in this area, gives an overview of the legislative developments and includes certain judicial decisions which highlight key points. The update concentrates on academic matters and does not cover disciplinary matters as these lie outside the remit of the Code of practice, Section 5: Academic appeals and student complaints on academic matters although many of the precepts and the guidance in the Code of practice hold good as general, although not comprehensive, guidance for disciplinary matters.
The update includes Appendices containing Mills & Reeve's general guidance document on decision making in student matters for its higher education clients, which was devised with disciplinary processes in mind.
Main report - HTML | PDF (464KB)
Appendices - HTML | PDF (519KB)
Brodies
This update on the law relating to student complaints for higher education institutions in Scotland was commissioned from Brodies by Mills & Reeve on behalf of QAA. As with the Mills and Reeve update the purpose of the update is to inform QAA's review of the Code of practice, Section 5: Academic appeals and student complaints on academic matters
(March 2000).
Brodies' update is free-standing but refers to the Mills & Reeve update. It identifies those areas where Scots law differs from the English position or where there is some ambiguity about the position under Scots law. It sets out some of the basic principles of Scots law and practice which Brodies considers relevant, and takes into account the discussion of the right to representation in internal student hearings set out in Mills & Reeve's note of September 2006 (Appendix 4 of the Mills & Reeve update). It may therefore be useful to read this note alongside the Mills & Reeve update.
Brodies report – HTML | PDF (100KB)
Carson McDowell
Carson McDowell was commissioned by Mills & Reeve on behalf of QAA to produce an update on the law in Northern Ireland relating to student complaints and appeals. As with the Mills & Reeve and Brodies papers, the purpose of this update is to inform QAA's review of the Code of practice, Section 5: Academic appeals and student complaints on academic matters (March 2000).
The update is not intended to be a concise statement of the law in this area in Northern Ireland; it is a general overview. It identifies areas where the laws of Northern Ireland diverge from the English position or where there is some ambiguity about the position under Northern Irish law. It follows the approach adopted by Mills & Reeve in focusing on academic appeals and student complaints on academic matters, including the right to representation. Although the update does not consider matters which fall outside these are areas, many of the principles and recommendations set out in Carson McDowell's update may have wider application.
Carson McDowell report - HTML | PDF (86KB)
Briefing note
Briefing note to the QAA Advisory Group for the revision of the Code of practice for the assurance of academic quality and standards in higher education, Section 5: Academic appeals and student complaints on academic matters - HTML | PDF (36KB)
Feedback
Feedback from round table meetings: cycle one - Discussion meetings on the Code of practice for the assurance of quality and standards in higher education, Section 5: Academic appeals and student complaints on academic matters - Power Point Version | PDF version
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