THE CONSUMER RIGHTS BILL: WHAT WILL IT MEAN FOR THE STUDENT/UNIVERSITY RELATIONSHIP
The Consumer Rights Bill is currently making its way through Parliament, and began the Committee Stage in the Lords on 13 October 2014. Intended to consolidate consumer rights and create a “simple modern framework” for consumer protection, some of the provisions of the Bill will have a very profound impact on the relationship with students and could pose considerable difficulties for universities. Three areas in particular are worth thinking about:
• Once the proposed Bill is in force, any statements made by or on behalf of a HEI that were relied on by a student in deciding to take up a place will be contractually binding. The HEI is free to qualify statements to make sure that it is happy to be bound by them, but if it does not do so, it cannot try to exclude or limit liability for such statements by using a disclaimer. The potential problems this could pose for the sector should not be underestimated. The sheer volume of information which will need to be monitored and management is one difficulty. Knowing what each student saw and therefore relied on is another. Keeping information under regular review and updating frequently will be an important part of risk management in future.
•
Services will have to be provided with reasonable care and skill and within a reasonable time. If they fall short of the required standard, HEIs will be required to provide a “repeat performance” unless it is impossible to do so. Note the use of the word impossible: the fact that it may be very difficult or extremely inconvenient will not suffice. Only impossibility will obviate the requirement to deliver a repeat performance free of charge.
•
If a repeat performance is impossible or if any of the information published about the service is not correct, then the student will have the right to a discount on the “price” of the course.
It is unlikely that these provisions will be significantly amended before the Bill becomes law (expected to be October 2015) and institutions might wish to start considering now what changes they will need to make to accommodate that these enhanced consumer rights in the future.
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