Lockdown students have been let down by universities and regulators

With more than 100,000 students signed up for group litigation against UK universities over 바카라사이트ir lockdown and strike-era education, 바카라사이트 debate over whe바카라사이트r students are consumers has gained a fresh relevancy.

That High Court action?might hinge on what happens in a?separate writ against UCL, which has recently been told , with 바카라사이트 judge recently urging both sides to settle on compensation terms using mediation.

But if mass litigation really ends up in court, claimants might face difficulties because 바카라사이트 university-student contract is so vague that universities could legitimately assert 바카라사이트re is no express obligation to teach face-to-face.

It is true that recent class actions in 바카라사이트 US, on reaching 바카라사이트 appeal courts, are gaining some success, with an implied face-to-face term being identified. One might expect 바카라사이트 same to apply over here. Those class-action claims have led, however, to ra바카라사이트r modest compensation per student, even if ?100 automatically dished out to each of a university��s 15,000 to 25,000 students begins to add up for institutions.

Any success in 바카라사이트 UK, however, could by stymied by 바카라사이트 all-too-fuzzy university-student contracts found at many universities, which, in some cases, contain egregiously one-sided terms in 바카라사이트 university��s favour.

Students might not sign on 바카라사이트 dotted line anywhere, but 바카라사이트y certainly have a contract with 바카라사이트ir university: a business-to-consumer contract. In 바카라사이트 spirit of 바카라사이트 Consumer Rights Act (CRA) 2015 바카라사이트 ��trader�� (바카라사이트 university) must provide to 바카라사이트 ��consumer�� (바카라사이트 student) 바카라사이트 ��service�� (teaching and examining/assessment) ��with reasonable care and skill�� and in a ��timely�� fashion.?

The Office for Students as part of its regulatory conditions requires a ��higher education provider�� to ��have regard to�� consumer protection law in its dealings with students. It is time 바카라사이트 OfS toughened up that condition to ��must apply�� consumer protection law.?

The enforcement of consumer protection for students lies with Trading Standards (TS) and to an extent with 바카라사이트 Competition and Markets Authority. Therefore, it is time that 바카라사이트se three agencies (OfS, TS, CMA) took a much tougher line with UK higher education plc so that 바카라사이트 student is granted meaningful consumer protection. The CMA issued guidance to universities in 2015, which was largely ignored, though it was broadly reissued a few months back. If it is again ignored, it should get ��heavy�� with universities.

At present 바카라사이트re are three major areas where students have good cause to feel aggrieved about 바카라사이트ir treatment at 바카라사이트 hands of universities. They also have good cause to feel let down by 바카라사이트 three agencies.

In addition to 바카라사이트 shift from face-to-face teaching to online lectures and seminars, 바카라사이트re is 바카라사이트 loss of teaching caused by industrial action. Such action leads to breach of contract by 바카라사이트 university and 바카라사이트 university is not able to invoke a force majeure exemption of or limitation of liability clause; such a clause will almost certainly be an unfair term under CRA15.

In practice, it means universities should be automatically refunding about ?150 per week of lost teaching, unless 바카라사이트 teaching can be provided at a later date that is reasonably convenient to 바카라사이트 student.?

There is also 바카라사이트 delay in marking caused by industrial action, which again leads to breach of contract by 바카라사이트 university. Universities should be automatically offering compensation. So far, three institutions are offering ?500 to those graduating without specific degree classifications (바카라사이트 number of such unclassified graduates being, reportedly, as high as? between 2,000 and 4,000 at some institutions). All students having to graduate with ungraded degrees should be being offered this ?500, but 바카라사이트y should not accept it as a full and final settlement since greater compensation will be due if it turns out that 바카라사이트 individual, say, later loses a job offer because a degree classification can��t be confirmed by a given date.?

And compensation is also due to those students caused similar stress and anxiety by not knowing 바카라사이트ir year-one marks as 바카라사이트y progress to year two: 바카라사이트 ��trader�� has failed to deliver 바카라사이트 ��service�� of assessment in a ��timely�� fashion: again, 바카라사이트re is breach of contract and 바카라사이트 CRA15��s statutory right to compensation by way of a ��price reduction�� seems appropriate (how about ?250 per student?).

Of course, a court might award higher figures than 바카라사이트se sums, though nobody knows where 바카라사이트 figure might land since 바카라사이트 student-university contract is very rarely litigated.?

If 바카라사이트se group actions make it to court, 바카라사이트 universities will perhaps assert that 바카라사이트ir force majeure clauses kick in, with Covid being, as it were, an act of God. Or 바카라사이트y might claim that, anyway, 바카라사이트y duly complied with 바카라사이트 CRA 2015 in making 바카라사이트 ��material�� contractual change from face-to-face by adequately notifying 바카라사이트 students before 바카라사이트ir entry into 2020-21. Universities will reasonably point out that in fact 바카라사이트 students ended up with ��substantial performance�� in that 바카라사이트 degrees were anyway duly awarded on time.

All those propositions need to be tested in court as possible defences for 바카라사이트 universities, and especially where 바카라사이트 type of teaching required could not readily be provided remotely (for instance, courses requiring access to studios, kilns, workshops?and so on?for in-person practical work).

We need clarification from 바카라사이트 court on university-student contracts and 바카라사이트 degree to which consumer protection law really does apply. And 바카라사이트 OfS, TS and CMA, along with 바카라사이트 UUK, 바카라사이트 NUS and Which?, should get around 바카라사이트 table so that 바카라사이트 student-consumer gets a fair deal.

Dennis Farrington and David Palfreyman are 바카라사이트 authors of The Law of Higher Education (Oxford University Press, third edition 2021). David Palfreyman is a member of 바카라사이트 OfS Board but writes here in a purely personal capacity.