I have been refused to resit an examination because I made several complaints.

I made a complaint and I had a court case many years ago against my educational institution concerning the quality of the learning package that I lost but it does not make any reference to this court case in its email where it refuses to register me for a re-sit.

I think that I was right to complain because even if it did not uphold my complaint finally my educational institution increases significantly the quantity of the learning package.

I was allowed to resit once after my court case ended so this refusal to register me for another resit is a big surprise. After I resat again last year I make a query concerning my marks but it was not a complaint but I think that my educational institution did not like it.

In the rules it is only stated that a candidate will be refused to resit in case of malpractice like cheating during the examination. However I was given no warning that I could be refused to resit if I made a complaint.

In our contract students who fail this examination have the right to resit. Hence it is only a resit and I do not ask to enrol in a new course. There will be no face to face teaching. It is only a three hours re-sit which will even not take place in my educational institution’s own campus.

In its email of refusal my educational institution says that I will not be able to take up any further qualification with them. What I think is very harsh because it is for life. Moreover my educational institution is not a private company because it is a registered charity incorporated by Royal Charter.

I am in a very difficult situation because if I am not allowed to resit there is no change I get my certificate.

I intend to use my educational institution’s internal grievance procedure. I would like to know to which law I can make reference to convince my educational institution to change its mind.

I do not know if I can issue a county court claim for breach of contract and harassment and ask for an injunction or made a claim for judicial review. The problem is that all these proceedings will take time and I will not able to resit next examination. Hence the better solution is to convince my educational institution to change its minds.

It's hard to know how to advise without knowing more about the qualification that you're taking, syllabus etc. For example, sometimes there are time limits to how long a period there can be from first to last exam, or if the candidate had exemptions from other exams, the exams may need to have been taken in the last 3 years in order to be valid.

Is the qualification accredited by the QCA? You might find some info on their website that would help.

The email that I have received says the following:

“We are in receipt of your registration form.

Given the number of complaints you have made previously, we do not feel it is appropriate for you to take any further qualifications with********”

Hence the reason for the refusal to register me for a resit has nothing to do with the syllabus or time limit but only with my previous complaints.

Anyone is entitled to resit this examination how many times he wishes as long as he pays the resit fee

Is there nothing in their terms and conditions which indicates that, for example, they reserve the right to refuse to accept candidates for exams?

If it's a recognised qualification I would have thought it would be accredited by some kind of training body. Find out who that is and try contacting them.

There is nothing in the Terms & Conditions of my educational institution which says that it reserves the right to choose the candidates it which.

Moreover my educational institution is itself a training body.

I would like to explain that my examination does not concern traditional teaching. It is more ‘open learning’ so there is no face to face teaching. The candidate either sits the examination for the first time or re-sits it. As long as this examination takes place new candidates and old candidates can sit it

Do they have a complaints procedure?

Yes they have one complaint procedure and I intend to use it. I need arguments to use in my complaint to convince it to change its mind and to accept to register me to re-sit this examination

As their eason for not letting you sit the exam is all your previous complaints, maybe you should consider appealing to their better judgment and explaining how this will affect you/your career.

I find it hard to advise without more detail, such as what qualification this is, previous issues etc. You mention a court case many years ago. Was that about this qualification or something else?

For a question of confidentiality I cannot tell you which qualification it is because my educational institution is the only one to provide it.

However as I say in my previous post it is a kind of 'open learning' examination

In the email where it is stated that my registration to resit is refused it is not made reference to this court case which was about this same qualification.

Hence in the complaint that I intend to make asking my education institution to change its mind I will not make reference to it.

I think that I have been simply blacklisted.

Last time I resat my name was first in the list of the candidates displayed in the door of the examination room even though were more than fifty candidates to sit in this room.

Last time I resat this examination I registered just before I issued my claim in the court but my examination was deferred for personal reasons twice and I was allowed to resit at the next examination next year.

Hence when last time I resat this examination it was several years after my complaint and my court case were finished so I have been taken entirely by surprise when I have been refused registration for this year examination

You've been asked for more details but don't feel happy providing them : that is your decision to make but I too feel unable to comment without knowing more

If we knew more we could look at e.g. the organisation's published policies.

I have looked myself in depth in the regulations of my educational institution.

As I say in my post

I have been through all the steps of its grievance procedure and I have even had a court case against it.

Hence I know very well these regulations.

It is stated in its regulations that we can resit except if we have committed a malpractice during an examination.

All this is ‘education law’

I have to find a good source of information about this subject like a website or a book or maybe a member of your forum who has already been in a similar situation

Is there anything that says they MUST allow you to resit?

I have looked myself in depth in the regulations of my educational institution. As I say in my post I have been through all the steps of its grievance procedure and I have even had a court case against it. Hence I know very well these regulations. It is stated in its regulations that we can resit except if we have committed a malpractice during an examination.

All this is ‘education law’ and I have to find a good source of information about this subject like a website or a book or maybe a member of your forum who has already been in a similar situation

I'm not aware of "education law" as a specific subset of e.g. contract law.

Again, it will be difficult for any respondent to know if they've been in a similar situation, as each institution has its own 'rule book' and we aren't allowed to know which institution it is : so how will they know if their experiences are relevant without knowing which institution?.

If you know their guidelines better than anyone here, and can't allow us to check : how exactly are you expecting people to give a reliable and focused answer : telepathy?

I would like to say which educational institution it is and which course it is but how could I be sure that someone from this institution does not use also this forum. However I welcome any good arguments that I can use in my complaint that I am preparing to make it change its mind.

Moreover concerning the question of “caro” I do not understand his reasoning.

I think that my educational institution must let me to resit this examination because it makes it available to anyone unless there has been some malpractice during the examination. So why not also to me.

We have to take into account also that it is a charity incorporated by Royal Charter and like all the charities it has a charitable duty to promote the well-doing of the people and it does not do by preventing me from re-sitting this examination without any legal reason. It acts rather like a bully.

My question was merely trying to look at it from a different angle.

This forum is full of complaints about different businesses and organisation which are named. As long as everything you say is true and not defamatory there should be no problem naming them, and it may make them think again about how they treat you as they're unlikely to want bad publicity.

The problem is that my educational institution could used this as an excuse to reject the complaint that I intend to make and refuse to change its mind and allow me to re-sit this examination.

You could be right but this would be after the complaint that I intend to make is over.

probably not the correct place to post this, but what duties have a company incorporated by royal charter (not a charity) have regarding unfair trading practices

My educational institution is a charity incorporated by Royal Charter