University students trapped by ‘unlawful’ terms and conditions

http://www.theguardian.com/money/2015/feb/05/university-students-unlawful-terms-conditions

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Students are being forced to accept unfair and unexpected changes to their courses because of terms many universities use in their contracts, some of which could be unlawful, a consumer group has warned today.

Which? questioned whether colleges were giving students a fair deal for their tuition fees, and called on the Competition and Markets Authority to examine what it claims is evidence that some colleges use terms and conditions that breach consumer law.

Freedom of Information Act requests sent by Which? to 142 UK universities found half (51%) use terms that allow them to change the content and location of courses, even when such changes could have been prevented, it said. The universities were asked for their policies on making course changes after students had enrolled, as well as their full terms and conditions, and information provided to would-be students.

One in five universities (20%) – used terms that Which? lawyers thought breached the Unfair Terms in Consumer Contracts Regulations, while 31% used wording deemed to be bad practice and likely to be unlawful.

Just 5% used terms considered good practice and only one, the University of York, used terms that were best practice. The 26 universities that used terms Which? considered potentially unlawful included Aston University, King’s College London and the University of Leicester.

Which? launched the investigation amid growing complaints from students about changes to courses after they have begun, with modules or larger elements of degrees being withdrawn or revised, or fees increased. Students’ options are few: complain or face the complex process of trying to move to another institution mid-term.

The CMA recently published draft guidance on how consumer law applies to the higher education sector, including measures to ensure terms were transparent and fair. Which? said it would submit its findings to the CMA and urged the authority to check that universities were complying with its guidance.

Which? executive director Richard Lloyd said: “It is worrying to see such widespread use of unfair terms in university contracts. Students deserve to know what they can expect from a course before signing up so that they can be confident they will get what they pay for. With tuition fees higher than ever before, we want universities to take immediate action to give students the protection they’re entitled to.”

Nicola Dandridge, chief executive of Universities UK, said: “The most recent National Student Survey results show that student satisfaction is at a record high. Universities UK is engaging with the CMA on its draft guidance to higher education institutions, and when the final version is published we will support members to ensure that they are compliant with it.

“Universities frequently offer modules related to the research expertise of particular members of staff. This is an important part of what is unique about the university experience, but does mean that modules offered may sometimes be subject to change. Universities need to clearly state to potential students when this is the case to allow them to make informed decisions.”

A spokesperson for the CMA said it would look at the Which? findings.

The authority plans to publish its advice in the next few weeks and will announce when it expects universities to have reviewed their terms and practices and made any necessary changes to ensure compliance with consumer law.