Higher education consumer protection review

First published by Author on August 29, 2019 in the following categories: Education and tagged with cma | investigations

The higher education consumer protection review was opened way back in May 2014, and a final advice was published by the CMA (Competition and Markets Authority) in March 2015.

However, when it comes to the compliance reviews that have been going on thereafter, and the undertakings from the relevant universities, the watchful eye of the CMA remains fixed on the sector.

The case is classed as a closed case, but there has been a recent development that forms as part of the ongoing commitments to ensure enforcement is in place.

About the higher education consumer protection review

The higher education consumer protection review launched in May 2014 followed on from the Office of Fair Trading’s (OFT) call for information (CFI) into higher education in England. The CMA looked into how consumer protection law interacts with the sector.

Draft law advice was published in November 2014, and their final advice was published in March 2015. The advice covered the obligations of higher education institutions, as well as guidance for students.

Undertakings were entered into, which included factors such as ensuring that:

• Students have clear and accurate information in a timely fashion to assist them in choosing what, and where, to study;
• Terms and conditions are fair;
• Complaint handling is accessible, clear and fair.

You can read more about the outcome on the CMA’s press release here.

What has happened since then?

Since the conclusions into the higher education consumer protection review and the undertakings entered into, compliance reviews have taken place.

Student debt policy was a particular focus in November 2015 in relation to the UCL (University College London), and in July 2016, the CMA published their first stage compliance review findings. This included a warning to universities to ensure that they’re treating students fairly, and undertakings were agreed with Buckingham, Bucks New and Birkbeck universities.

Changes and undertakings were also secured with the University of Glasgow in 2016, and the University of East Anglia in 2017.

Recent action following the higher education consumer protection review

Most recently, the University of Liverpool agreed to new undertakings this month in relation to their student debt penalty policy. This set out that they will not prevent students from graduating, receiving certificates, or re-enrolling and accessing university resources because of non-tuition fee debts.

This highlights the importance of the higher education consumer protection review.

Speaking about the Liverpool action, the CMA said:

“This is great news for students at the University of Liverpool. We appreciate that legitimate debts from students should be recovered, but to stop them from progressing in their studies or graduating for unrelated debts is unfair.

We welcome the commitment to removing academic sanctions for non-tuition fee debt and expect all universities to bring an end to similar policies and treat students fairly.”