Students being forced to accept unfair and potentially unlawful terms from universities

Which? looked at whether colleges were treating students fairly and has called on the Competition and Markets Authority (CMA) to look at what it said is evidence that some institutions are in breach of consumer law.

After making freedom of information requests of 142 UK universities the consumer group found that 51 per cent make use of terms that permit them to the modify the content and location of courses even where such changes may have been prevented.

The universities were also asked for details of their policies on altering course content after students were enrolled in addition to their terms and conditions and information given to prospective students.

20 per cent of respondent universities made use of terms that Which? lawyers believed breach the Unfair Terms in Consumer Contracts Regulations 1999.

31 per cent used phrases considered bad practice and were likely to be illegal.

About 5 per cent of universities used terms deemed good practice.

One institution, the University of York, made use of terms considered best practice.

The 26 universities using terms which could be unlawful included King’s College London, the University of Leicester and Aston University.

The investigation was brought about as a result of complaints from students who have said courses are being revised after they have begun and that modules have been withdrawn and fees increased.

Students are forced to then complain or undertake the complicated process of transferring to another university.

Which? executive director Richard Lloyd (pictured) 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, which comprises 133 members who are executive heads of UK universities 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“Universities UK is engaging with the CMA on its draft guidance to higher education institutions, and when the final version is published we will support members to ensure that they are compliant with it.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 CMA spokesperson said that it would examine the Which? findings.