Higher education: consumer protection review
The CMA has received commitments from 7 universities.
Timetable
| Date | Action |
|---|---|
| 22 July 2016 | Compliance review findings report published |
| April 2016 | First stage of compliance review concludes |
| 1 October 2015 | Compliance review commences |
| 12 March 2015 | Final advice published |
| 19 November 2014 | Launch of consultation on draft consumer protection law advice |
| 20 May 2014 | Case opened |
Consumer law advice for higher education providers
31 May 2023: The CMA has updated its consumer law advice for HE providers, first published in March 2015. Most of the original advice has remained the same. The changes made include:
- updating out-of-date references to consumer protection law and to stakeholders
- incorporating the findings of the CMA’s compliance review (published July 2016)
- including references, where relevant, to other more recent guidance by the CMA, for example the CMA’s unfair contract terms guidance CMA37
- (31.5.23)
3 January 2023: The CMA will be updating its consumer law advice for higher education (HE) providers, published in March 2015.
The purpose is to bring the advice up to date, for example, in its references to consumer law and to stakeholders.
Whilst some of the language and references in the legislation have changed, the obligations on HE providers are substantially the same as they were at the time of publication of the advice. It is anticipated much of the original advice will remain unchanged and HE providers should continue to follow the advice prior to its updating to assist them in complying with consumer protection law. Given the limited scope of the update, the CMA will not be issuing a public request for information or engaging in a public consultation.
The updated advice will be published in Spring 2023.
Admission policies and terms
24 November 2021: The Department for Education (DfE), has issued a letter today to Vice Chancellors in England about their admission policies and terms.
The CMA has decided it would be helpful for the sector if it re-iterated its views on consumer protection law in relation to:
- higher education offers
- terms which could allow HE Providers to withdraw or cancel offer after a student has accepted it (and met any entry conditions)
- terms which limit or exclude liability where HE Providers seek to withdraw or cancel an offer
The CMA has produced a document which draws together its published views on this issue.
- (24.11.21)
Consumer Benefit Forum
30 November 2020: The Consumer Benefit Forum comprising the Department of Education, the Office for Students, the Office of the Independent Adjudicator and the CMA meets on a regular basis to discuss emerging issues of mutual interest in the higher education sector. See the Office for Students website for more information about the Consumer Benefit Forum.
The CMA has been asked to re-iterate its views on consumer protection law in relation to the following issues: (i) Providing information to prospective students about potential changes to the courses they may be considering applying for. (ii) The use of terms which allow HE providers a wide discretion to vary aspects of the educational service. (iii) The use of terms which exclude or limit liability for a failure to deliver the agreed educational service or for delivering a different educational service. Having discussed this with the members of the Consumer Benefit Forum the CMA has produced a document which draws together its published views in these areas.
- (30.11.20)
University of Liverpool undertaking
21 August 2019: University of Liverpool will not prevent students from graduating, receiving certificates or re-enrolling and accessing the university library and computing services, because of non-tuition fee debts.
- (21.8.19)
- Press release: University of Liverpool changes student debt policy (21.8.19)
University of East Anglia undertaking
8 February 2017: Students will receive a fairer deal at the University of East Anglia (UEA) after the CMA secured changes to the university’s contract terms.
- (8.2.17)
- Press release: University improves its approach to dealing with course changes (8.2.17)
University of Glasgow undertaking
5 December 2016: Glasgow University will not prevent students from graduating or re-enrolling because of non-tuition fee debts, after CMA intervention.
- (5.12.16)
- Press release: University of Glasgow agrees new approach for students in debt (5.12.16)
Compliance review findings
22 July 2016: The CMA has published a report on its compliance review findings and sent an open letter to HE providers setting out the action we expect them to take.
The purpose of the report is to share the findings of the CMA’s review in order to promote compliance across the sector. The CMA has also published details of undertakings secured from 3 universities to improve how they deal with students.
- (22.7.16)
- (22.7.16)
- Open letter to HE providers (22.7.16)
- Press release: Deal fairly with students, CMA tells universities (22.7.16)
First stage of compliance review concludes
21 April 2016: Following the publication of the CMA’s advice on consumer protection law to HE providers, we have now concluded the first stage of our compliance review. We have:
- considered the intelligence received from stakeholders in the sector
- developed our own research by reviewing a number of HE providers’ documents, focusing on the issues addressed in our HE advice, including variation of course content, variation of course fees, additional course costs, academic sanctions for non-tuition fee debt and complaint procedures
- asked stakeholders and surveyed HE providers (Universities UK and GuildHE members) to find out how useful they have found our compliance advice and what actions they have taken as a result
We are now engaging with several HE providers on compliance issues and analysing the additional information they are providing.
We will provide a summary of the compliance review, including results from the CMA’s survey of HE providers, along with an update on the CMA’s engagement with a number of HE providers, in July 2016.
UCL revises student debt policy
13 November 2015: University College London (UCL) will ensure that students are not prevented from graduating or re-enrolling because of non-academic debts, following action by the CMA.
- Press release: CMA secures assurances from UCL on student debt policy (13.11.15)
Compliance review commences
22 October 2015: Following publication in March of advice for providers on their consumer law obligations to undergraduate students, the CMA has commenced a review to assess compliance with the law across the sector. The review commenced on 1 October 2015 and closed on 22 July 2016.
Final advice published
12 March 2015: The CMA has published the final version of advice informing providers about their consumer law obligations to undergraduate students. We’ve also published some materials for undergraduate students informing them of their rights under consumer protection law.
- Consumer law advice for providers and students document collection (12.3.15)
- CMA response to consultation (12.3.15)
- Press release: CMA advises universities and students on consumer law (12.3.15)
HE draft consumer protection law advice consultation
19 November 2014: Following further work, and engagement with stakeholders, the CMA has opened a consultation on draft consumer protection law advice for UK HE providers in relation to their dealings with undergraduate students. The draft advice is intended for publicly funded universities, further education colleges that offer HE courses and privately funded universities and colleges.
- Consultation on draft consumer protection law advice (19.11.14)
- News story: CMA opens consultation on consumer law advice for UK higher education providers (19.11.14)
Case opened
20 May 2014: Following the Office of Fair Trading’s (OFT) call for information (CfI) into higher education in England, the CMA is taking forward the OFT recommendation that the CMA ‘undertake further work to assess the extent to which the practices identified may affect students, clarifies the responsibilities of universities under consumer protection law, and identifies the best way to address these issues’.
Work has started to engage with the relevant stakeholders in the sector and undertake further research. The CMA expects to conclude the work by early 2015.
The CMA is also carrying out a review of competition and regulation in higher education in England following the OFT’s CfI work.
Contacts
Team leader
Tracy Moore (tracy.moore@cma.gov.uk, 020 3738 6280)
Project director
Gordon Ashworth (gordon.ashworth@cma.gov.uk, 020 3738 6145)
Senior responsible officer
Nisha Arora (nisha.arora@cma.gov.uk, 020 3738 6853)
Updates to this page
Published 21 April 2016Last updated 3 February 2023 + show all updates
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Announcement that consumer law advice for higher education providers will be updated published.
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CMA views on admissions policies and terms published.
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Consumer Benefit Forum update, with restatement of CMA’s views, published.
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University of Liverpool undertaking published: it has agreed to stop academic sanctions for student non-tuition fee debts.
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University of East Anglia undertaking added.
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University of Glasgow undertaking added.
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Compliance review findings published.
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Update added.