Considering legal action against University.

[pivn]

Hi

 

I started a course at Westminster University (WU) - not a degree but an accounting course (CIMA) leading to a professional qualification. I took 4 modules at WU without any problems.

 

However the 5th module that I studied was badly run, the tutor was very poor and disorganised culminating in the entire class complaining to the course leader.

 

I left after 4 lessons with this tutor, enrolled at another institute, passed the course and got my qualification. As the course only runs at certain times of the year I was eager to pass in April/May.

 

I have written to WU to complain but keep being told that it is being dealt with. As I first wrote to them in March I am eager to get my refund.

 

Anyone know if I would be successful at the Small Claims Court? The amount I'll be claiming is £195.

[JonCris]

Having met a few ineffectual useless tutors in my time I really don't think it's worth it for the sake of £195.

 

The college WILL defend the tutor no matter what their ability because they can't just lay down & let you win otherwise they might find themselves being inundated with similar claims. Also it's as well to remember they have much deeper pockets than you.

 

Frustrating as it might be & as you now have passed you examines I should put it down to experience & move on.

 

You never know there might eventually be some poetic justice. A family member kept complaining how useless a particular tutor was when a couple of years later this same tutor showed up for an interview with me of all people. Whilst I obviously knew them they didn't know me so they can only wonder to this day what they didn't get the job

 

Apart from the above you could threaten legal proceedings & see what happens

[solent68]

Hi there pivn

 

Have you exhausted the university's complaints procedure?

 

Working in a uni and dealing with student complaints I would advise you to follow the university complaints procedure to the letter.

http://www.wmin.ac.uk/pdf/complaints%20procedure.pdf This is the link to their online complaints procedure - not much detail there I'm afraid.

 

When you complained to the course leader what action was taken? Did you and your fellow students put the complaint in writing? Did you follow up with the course leader what action was being taken to resolve the problem before you decided to complete your course elsewhere? Did you inform the correct department (finance/student enrolments) that you were withdrawing and completing elsewhere and do you/they have details of when you did this? Did you ask for reimbursement of the fee then, if so what was the response? Did any of your fellow students leave and complete the course elsewhere (this may help your case) or did they stay and complete at Westminster? If a substantial number of good students failed or did poorly in the unit that may indicate that there was a problem with the teaching and may help your case.

 

When you say that you have written to them but they keep saying it is "being delt with" is this in writing? Have they given you an expected timescale for the competion of the investigation? If not, ask for one! I would expect to have heard something by now as you say you wrote initially in March which is now a good 3 months ago, they are allowed reasonable time to investigate, but in the circumstances (ie. not the summer holiday period) I would say that sounds excessive. Sometimes they hope that if they drag their feet you will just give up and go away!

 

Once you have exhausted the university procedure, and if you are still unhappy with the outcome, you can complain to the OIA (Office of the Independent Adjudicator) they are a body set up independently of universities to act as an arbitrator in these sorts of situations. But I must emphasise that you must run the course of the university complaints procedure first as the OIA will not look at the case otherwise. You will need proof of your case, ie. the complaints made about the poor teaching etc. which were the reason why you enrolled elsewhere to complete your course. Keep all documentation and most importantly you need to know what you want as the outcome - which I presume is your money back and some compensation for the inconvenience of changing universities to complete your course etc.

 

I don't agree that you should just chalk this up to experience and let it go, it's not just about money. The same problem could well happen to other students next year and nobody wants that!

 

Take a look on the OIA website www.oiahe.org.uk for advice.

 

Good luck - bad lecturers give universities a bad reputation!

[JonCris]

If the OP wants to set themselves up as some sort of champion of all students then fine & if not move on otherwise they will spend a considerable amount of time, effort & possibly more money becoming consumed or even fixated on their fight for recompense

 

Also whilst I don't say they should give up entirely I do discourage any notion of taking prolonged or legal action which was the question being asked in the 1st place They are much better off pursuing their career

[pivn]

Thanks for the replies.

 

To solent68: I haven't examined the complaints procedures, that's something that I'll look into. I contacted the Office of the Independent Adjudicator at the outset but they can only assist with degree courses.

 

My greatest concern was that I was not going to pass by April/May. If I did not enrol at another centre quickly I faced the prospect of waiting until the winter to resume studies, this was simply not an option as I had made a number of very big plans for 2008/09. I could not afford to wait around for this issue to be resolved by the university.

 

When I complained to the course leader he agreed with everything I said over the phone and informed me the entire class had complained. Unfortunately I have no written evidence, I contacted the rest of the group by email but only one person replied, whose details I have retained. I wonder if an inaccurate email list was another symptom of the disorganisation? I did communicate with another student for a period until I realised he wasn't even on my course!

 

I wrote to the university finance department in March upon my withdrawal. I contacted them later (April) to check they had the letter, they claimed not so I emailed it. In the email replies I have received I have been told (twice) that my request has been passed on to the finance manager, who needs to authorise it - emails have been retained.

 

As far as I know the rest of the class remained with the tutor. I received an email from the course leader on 28 March to state that the tutor had subsequently been replaced - indicating further disruption.

 

The thing with CIMA classes is that the exams are taken at the student's choosing at any designated centre and no feedback to the university occurs. Westminster does not have CIMA Quality Partner status so can teach the modules without the standards that apply to other colleges.

 

My thinking was that if I put in a claim of £195 via MCOL I would not be liable for court costs as it's less than £5000?

[sohoscribbler]

Any updates?

[guitaralf]

Hi. Although an old thread, I'd like to include my experience relevant to this issue. I spent 13 YEARS fighting a well documented case against my University after my PhD research was initially hijacked by my supervisor, a situation that was then systematically covered up by administrators. The University went into overdrive to defend their position, engaging two barristers and a team of up to 5 solicitors. I have been in court 5 times - twice in the high court - but without legal resources it is impossible to fight them. My union, the UCU, although supporting me, failed to honour their commitment to provide legal help on the basis that I was a student, and not an employee - a fact not mentioned when I paid my subscription. The OIA is in my opinion a functionless quango. It is to a large extent funded by the Universities, and simply failed to properly review any evidence that supported by arguments against the University, and yet accepted University evidence as if it were fact. It is well to remember too that one is not eligible for legal aid for a complaint to the OIA, and there is no right of appeal - the only subsequent option open to the student is judicial review.

I was eventually accused by the Vice Chancellor and her senior administrator of "harassing her Secretariat" - a classic example of blaming the victim.

I don't regret taking them on, but would advise anyone thinking of doing so to consider long and hard about the commitment required to do so.

[sohoscribbler]

Hi. Although an old thread, I'd like to include my experience relevant to this issue. I spent 13 YEARS fighting a well documented case against my University after my PhD research was initially hijacked by my supervisor, a situation that was then systematically covered up by administrators. The University went into overdrive to defend their position, engaging two barristers and a team of up to 5 solicitors. I have been in court 5 times - twice in the high court - but without legal resources it is impossible to fight them. My union, the UCU, although supporting me, failed to honour their commitment to provide legal help on the basis that I was a student, and not an employee - a fact not mentioned when I paid my subscription. The OIA is in my opinion a functionless quango. It is to a large extent funded by the Universities, and simply failed to properly review any evidence that supported by arguments against the University, and yet accepted University evidence as if it were fact. It is well to remember too that one is not eligible for legal aid for a complaint to the OIA, and there is no right of appeal - the only subsequent option open to the student is judicial review.

I was eventually accused by the Vice Chancellor and her senior administrator of "harassing her Secretariat" - a classic example of blaming the victim.

I don't regret taking them on, but would advise anyone thinking of doing so to consider long and hard about the commitment required to do so.

 

In my experience, the best approach if you want any justice is to avoid going to a British university.

[Ndu]

My case is similar to that of guitaralf. Just wondering if anybody knows a lawyer or law firm with experience in suing universities.