OfS refers more institutions to watchdog over strike response

The Office for Students (OfS) has referred several institutions to National Trading Standards (NTS) after it found “unfair” clauses in their student contracts that raised consumer protection concerns.

The regulator said it had “identified concerns with terms in their student contracts, including, but not limited to, clauses relating to industrial action”.

The OfS did not name the institutions or confirm how many had been reported. The organisation first publicised that it was referring cases to the consumer rights watchdog in 2023, after the pair formed a partnership the previous year.

Earlier this year, the OfS issued guidance on protecting student interests during periods of industrial action, and made clear that institutions should ensure their contracts comply with consumer law and “do not include terms that incorrectly limit liability to students” amid staff strikes.

It further outlined that universities should “pay fair compensation to students where contingency plans fail to deliver teaching, assessment, or other promised aspects of students’ experience or to recognise the difficulties students have experienced”.

This academic year alone, union members at institutions including the universities of Nottingham, Sheffield, Sheffield Hallam and Edinburgh have initiated strike action over job cuts and course closures. 

Jean Arnold, deputy director of quality at the OfS, said: “Students invest a significant amount of time, money and effort in their higher education experience. It’s important that they are treated fairly and receive what they have been promised, including during periods of industrial action.”

She said that since the regulator issued the guidance, many institutions have taken action to ensure that they are meeting expectations. However, “we remain concerned that we are continuing to identify terms that may breach consumer protection legislation,” Arnold said.

“We encourage all universities and colleges to reflect upon our guidance and make sure the contracts they use are fair and protect students’ consumer rights.”

If any universities' contracts are found to contain “terms that could be considered unfair” by NTS, the OfS said it would expect to publish case studies naming these institutions, to help others “meet their legal obligations”.

Arnold continued: “Where we have concerns, we will continue to work with National Trading Standards to ensure institutions change their approach, including making referrals where we identify contractual terms that may be unfair. 

“We will also continue to publish the outcomes of these referrals to help institutions and students better understand the types of terms that may be unfair in student contracts.”