Regulations under section 11(2) of the Higher Education Act 2004 in respect of the Office of the Independent Adjudicator (OIA) Complaints Scheme in Wales

The Office of the Independent Adjudicator for Higher Education (“OIA”) is designated under the Higher Education Act 2004 as the operator of the scheme for handling unresolved student complaints in England and Wales. The OIA provides an independent, transparent complaints handling scheme to review student complaints and academic appeals. More information about the OIA can be found on its website. 

Currently further education learners and apprentices cannot refer their complaints to an independent body. The policy intent is to extend the scope of the OIA scheme in Wales to enable the OIA to consider unresolved complaints from these learners and apprentices. This will achieve a more consistent, equitable approach to investigating complaints and managing appeals across the wider tertiary education sector.

This consultation concerns the policy underpinning regulations that Welsh Ministers are considering making under section 11(2) of the Higher Education Act 2004 (“the 2004 Act”) to implement this change.

As Minister, I am extremely proud of our tertiary education sector in Wales. I know our providers are as committed as I am to ensure every learner enjoys a high-quality educational experience. Central to this commitment is creating a supportive environment where feedback is encouraged and followed up. This includes clarity and accessibility of arrangements for raising concerns - learners must know not only that they have a right to complain, but exactly how to do so. It is imperative systems and processes are designed to be open and inclusive, giving every learner the confidence and ability to voice issues that affect their experience.

Structures that empower the learner voice are essential in driving up standards across our institutions, and feedback from complaints plays a crucial role in this continuous improvement. Many matters can and should be resolved quickly and effectively within the provider’s own complaints process. Nonetheless, even when issues are settled informally, it is vital such instances are properly recorded and the lessons learned are used to inform future practice.

I recognise, however, not every complaint can be addressed through internal processes alone. Where learners feel their issues remain unresolved, every learner across tertiary education deserves the opportunity for their complaint to be independently considered. Extending the OIA Complaints Scheme to include Further Education courses and Apprenticeships in Wales will achieve that aim.

I invite you to share your perspectives on these important proposals, so that together we can develop greater consistency, equality, and accessibility for complaint handling across the tertiary education sector. 

Most learners across the tertiary education sector in Wales have a positive learning experience. Where issues do arise, many complaints are resolved successfully through providers’ internal complaints procedures. It is nevertheless important that learners have access to an independent review where concerns cannot be resolved locally.

The Tertiary Education and Research (Wales) Act 2022 (“the 2022 Act”) established the Commission for Tertiary Education and Research (known as Medr), which is responsible for regulating and supporting tertiary education and training in Wales. 

Section 127 of the 2022 Act places a duty on Medr to take such steps as appears to it appropriate to ensure that tertiary education providers have in place a procedure for investigating learner complaints, and that they take reasonable steps to make the procedure known to learners. As part of its regulatory framework, Medr has put in place a condition of registration (for higher education institutions) and funding (for other providers), requiring them to have procedures for investigating learner complaints, and to make learners aware of these procedures. 

At present, access to independent review through the OIA is afforded to higher education students, while further education learners and apprentices do not have equivalent independent recourse. Neither the Welsh Government nor Medr have legal powers to investigate complaints from individual learners at providers that currently meet the definition of an existing qualifying institution (see definition below).

During the development of the 2022 Act, the Welsh Government sought views on arrangements for independent complaints resolution for learners across the tertiary education sector and proposed extending the remit of the OIA. 

The Explanatory Memorandum outlined the intention to extend the OIA Complaints Scheme to include learners undertaking further education courses and apprenticeships in Wales. The 2022 Act makes provision to enable Welsh Ministers to specify additional qualifying institutions for the scheme through regulations. 

The proposals set out in this consultation will extend the scheme so that further education learners and apprentices in Wales may refer unresolved complaints to the OIA. 

The Welsh Government considers this an important safeguard for learners and a proportionate step towards greater transparency, consistency and equity in complaints handling across the Welsh tertiary education sector.

This consultation focuses on regulations that primarily affect the regulatory framework for the handling of learner complaints in Wales. The impact of the extension of the OIA Complaints Scheme will introduce an important benefit for learners, and the Welsh Government welcomes views from learners as part of this consultation. The Welsh Government recognises the importance of ensuring that further education learners and apprentices are able to inform aspects of the changes that affect them most directly, including how complaints can be made, the guidance and information available to learners, and the remedies that may be available where a complaint is upheld.

The operation and administration of the Complaints Scheme is the statutory responsibility of the OIA. As part of the preparatory activity ahead of the proposed implementation, the Welsh Government has funded the OIA to undertake targeted engagement with learners, parents and providers. This has included a programme of online learner workshops held between May and June 2026, as well as planned visits to individual providers in Autumn 2026, which will include engagement with learners. The OIA also intends to involve learners in shaping updates to its website and learner‑facing materials to ensure they are accessible and meet the needs of all learners.

In light of this targeted engagement activity, a separate young person’s consultation document has not been produced. 

About the OIA 

The 2004 Act permits the Welsh Ministers to designate a body to operate a learner complaints scheme. The OIA is an independent body and the designated operator of the scheme in Wales. The Welsh Government does not have a role in investigating or resolving individual student complaints.

The OIA must provide a scheme for the review of qualifying complaints at qualifying institutions. 

Definition of qualifying institutions

Section 11 of the 2004 Act defines qualifying institutions. These are education providers required by law to take part in the OIA Complaints Scheme. In practice, this means providers whose learners can take an unresolved complaint to the OIA once the provider’s own complaints process has been completed. 

Providers that meet the qualifying institution criteria are required to subscribe to the OIA scheme and comply with its requirements, including the payment of subscription fees.

Definition of qualifying complaints

A qualifying complaint is a complaint that the OIA is allowed to consider. It must:

• be made by a current or former learner
• relate to something the provider has done or failed to do, and
• fall within the rules of the OIA scheme

The OIA can review whether the provider followed its published procedures and reached decisions that were fair and reasonable, including complaints about assessment processes, academic appeals, services and procedural handling. 

The OIA does not reconsider matters of academic judgement, investigate employment matters, or make findings of unlawful discrimination, which fall outside its remit. 

The determination of whether a complaint is a qualifying complaint for the purposes of the scheme rests with the OIA, applying the statutory framework and its published rules.

The OIA does not differentiate between part‑time and full‑time learners when considering complaints. Eligibility to submit a complaint to the OIA is currently based on whether the individual is or was an enrolled learner at a provider that is a member of the OIA Scheme or at another institution undertaking a course of study or programme of research leading to the grant of an award by a provider that is a member of the OIA Scheme, rather than on mode or intensity of study. Complaints from part‑time learners are therefore considered under the same rules and on the same basis as those from full‑time learners.

Complaint Handling

Most learner complaints are resolved through a provider’s own internal complaints procedures. Where a student remains dissatisfied after those procedures have been completed, their complaint may be eligible for review by the OIA. 

Where the OIA identifies failings in a provider’s actions or processes, it may make recommendations to address those failings and identify an appropriate remedy for the learner.

To extend the scope of the scheme to further education courses and apprenticeships, action is required by both Welsh Ministers and the OIA.

The Welsh Ministers 

Section 128 of the 2022 Act amended the 2004 Act, providing the Welsh Ministers with the ability to make regulations specifying additional qualifying institutions for the OIA Complaints Scheme.

The regulations may specify the following as qualifying institutions for the purposes of the OIA Complaints Scheme:

• a registered provider, or
• a tertiary education provider in Wales that is not a registered provider, but which is in receipt of financial resources under the 2022 Act
• provided by Medr under section 89(3)(a) for higher education courses specified in regulations
  • secured by Medr or the Welsh Ministers under section 97(1)(a) for further education or training, or
  • provided by Medr under section 104(1)(a) for apprenticeships

The regulations may apply to individual providers or to descriptions of providers and are subject to the Senedd annulment procedure.

The following definitions apply to the regulations: 

A “tertiary education provider in Wales” means an institution whose activities are wholly or mainly carried on in Wales, and which provides tertiary education, whether directly or through provision made on its behalf.

“Tertiary education” means higher education, further education, or training.

“Further education” means education, other than higher education, which is suitable to the requirements of persons who are over compulsory school age, and includes organised leisure‑time occupation connected with such education.

“Training” means training suitable to the requirements of persons who are over compulsory school age and includes organised leisure‑time occupation connected with such training.

A person is over compulsory school age in Wales after the end of the school year in which they attain the age of sixteen, in accordance with the Education Act 1996.

The Office of the Independent Adjudicator (OIA)

The OIA must provide a scheme for the review of qualifying complaints which meets all of the conditions set out in Schedule 2 to the 2004 Act and comply with the duties set out in Schedule 3 to the 2004 Act. The OIA has discretion, within the statutory framework, to decide whether an individual complaint falls within the scope of its Complaints Scheme. This includes determining whether a complaint is a qualifying complaint, whether it relates to an act or omission of a qualifying institution.

Qualifying institutions

Subject to the proposed regulations being made under section 11 of the 2004 Act, providers could become qualifying institutions for the scheme in one of the two ways set out below:

Existing qualifying institutions of the OIA Complaints Scheme

Many further education institutions in Wales deliver higher education courses designated for student support. These institutions are “qualifying institutions” and already subscribe to the OIA Complaints Scheme. To date, the OIA has exercised its discretion under section 12(3) of the 2004 Act to limit qualifying complaints from these providers to higher education courses only. This document refers to such providers as “existing qualifying institutions.” 

For higher education institutions who are existing qualifying institutions, this limitation does not apply. For these providers, all their provision is in scope of the scheme and the OIA considers complaints from all learners regardless of level of study.

The proposed regulations will have no effect on existing qualifying institutions unless they cease to deliver higher education provision. To extend the scheme for these providers to include Further Education and Apprenticeships Courses in Wales, it is a matter for the OIA to remove its current determination under section 12(3) of the 2004 Act. 

In line with the requirements set out in the 2004 Act, the OIA has consulted on the changes to its rules to effect this change during May – July 2026. These changes will enable the OIA to bring all courses above compulsory school age within scope of the scheme.

New qualifying institutions of the OIA Complaints Scheme

Some providers such as further education colleges and independent training providers in Wales that deliver apprenticeships are not currently qualifying institutions for the purposes of the OIA Complaints Scheme. This is because they do not fall within any of the categories listed in section 11(1) of the 2004 Act and are therefore not currently required to subscribe to the scheme. This document refers to these providers as “new qualifying institutions.”

The proposed regulations extend the scope of the OIA Complaints Scheme to include new qualifying institutions. Provision for learners above compulsory school age funded under section 89(3)(a), section 97(1)(a) or section 104(1)(a) of the 2022 Act will be in scope for the proposed new scheme.

Providers who are registered with Medr

It is proposed that the regulations do not specify registered providers as qualifying institutions for the purposes of the OIA Scheme. 

Where the governing body of a tertiary education provider in Wales applies for it to be registered, Medr must register that provider if its activities are wholly or mainly carried out in Wales and it provides, or has provided on its behalf, the type of tertiary education covered by the conditions of registration. There are currently two registration categories: the HE Core category and the HE Alternative category. Any additional registration categories can only be made via regulations and there are no current plans to do so.

As the Register currently applies to higher education provision, these providers seeking registration will be existing qualifying institutions for the OIA Scheme. 

The proposed regulations could be amended to include registered providers, if necessary, should additional categories of registration be introduced in the future.

Section 89(3)(a) of the 2022 Act (Financial Support for Higher Education Courses Specified in Regulations)

Section 89(3)(a) enables Medr to fund courses of higher education that are specified in regulations. 

The Education (Specified Courses of Higher Education) (Wales) Regulations 2025 specify higher education courses for the purposes of section 89, including:

• courses in preparation for a professional examination at higher level (paragraph 1(g) of Schedule 6 to the Education Reform Act 1988),
• courses providing education at a higher level whether or not in preparation for an examination (paragraph 1(h) of Schedule 6 to the Education Reform Act 1988), and
• courses for the Higher National Diploma or Higher National Certificate of the BTEC which are identified within an apprenticeship framework issued under section 19(1) of the Apprenticeships, Skills, Children and Learning Act 2009.

As the scheme already encompasses higher education, the Welsh Government considers it essential that any providers delivering higher education who are not already qualifying institutions are brought within its scope.

It is therefore proposed that the regulations specify providers in receipt of funding from Medr under section 89(3)(a) as qualifying institutions for the purposes of the OIA Scheme. 

This approach will ensure those higher education learners have the same access to independent complaint review as other learners.

Section 97(1)(a) of the 2022 Act (Further Education or Training)

Section 97(1)(a) enables the Welsh Ministers and Medr to fund persons for the purpose of the provision or proposed provision of further education or training that is delivered wholly or mainly in Wales, including provision delivered on their behalf.

It is proposed that the regulations specify any provider in receipt of funding from Medr or the Welsh Ministers under section 97(1)(a) as a qualifying institution for the OIA scheme, with the exception of local authorities.

We consider that local authorities should not be qualifying institutions in relation to adult community learning. The policy intent is to extend access to independent complaints review for further education learners and apprentices who do not currently have an independent route for unresolved complaints. 

Local authorities are already within the remit of the Public Services Ombudsman for Wales. Requiring them to subscribe to the OIA would therefore create parallel complaints arrangements for local authorities, resulting in duplication of systems and processes. This could lead to confusion for learners and the potential for inconsistent outcomes. This position differs from that of further education institutions where the OIA will be the sole independent reviewer of unresolved learner complaints and provide a form of redress not currently available.

This will result in adult community learning delivered by a further education college coming within the remit of the OIA, while provision delivered by a local authority will remain within the remit of the Public Services Ombudsman for Wales. This approach reinforces the underlying policy intent, as all adult community learners would have access to independent recourse and clarity about the appropriate body to approach, without placing additional burdens on local authorities.

For the same reasons, the Welsh Government also set out a clear policy intent within the Explanatory Memorandum for the 2022 Act that local authorities would not be required to subscribe to the OIA scheme for school sixth form provision.

Section 104(1)(a) of the 2022 Act (Financial Support for Apprenticeships)

Section 104(1)(a) enables Medr to provide funding to a person, or to a collaborating body of a person, for or in connection with the provision of an approved Welsh apprenticeship. Medr currently funds apprenticeships under section 97(1)(a) until the commencement of section 104(1)(a), which is planned for 2027. 

It is proposed that the regulations specify providers in receipt of funding from Medr under section 104(1)(a) as qualifying institutions for the purposes of the OIA Scheme. 

From September 2027, apprenticeship funding will be allocated by Medr through a grant application process. The provider in receipt of funding from Medr will act as the lead provider and will be responsible for the overall quality and standards of all provision funded under the agreement, including provision delivered on its behalf by partners or subcontractors.

Where a provider is specified as a qualifying institution under the regulations, the policy intent is that the provider in receipt of the relevant funding will be the qualifying institution for the purposes of the Scheme. Lead providers will therefore be expected to work collaboratively with subcontractors, employers and other delivery partners to ensure that appropriate complaints handling arrangements are in place, and that learners are clearly informed about their rights and routes of redress.

Providers are encouraged to engage with the OIA about their individual partnership or delivery arrangements to ensure compliance with scheme requirements. The OIA also publishes guidance on delivering learning opportunities with others, which providers may wish to have regard to. The OIA will only review complaints about the learning undertaken by the apprentice and will not investigate employment matters.

Our policy intent in enabling apprentices to access the OIA Scheme is to place them on a comparable basis to other learners studying at similar levels in the Welsh tertiary education sector. Apprentices are usually part of a partnership arrangement involving providers and employers, which may make complaint resolution more challenging for them to navigate. Access to an independent external body is intended to provide apprentices with confidence their complaints will be reviewed fairly and impartially, if it is unable to be resolved locally. This will support fairness, learner confidence and equitable protections across the tertiary education system.

Alternative providers

The Welsh Government policy intent is for any provider in receipt of funding under section 89(3)(a), section 97(1)(a) or section 104(1)(a) of the 2022 Act to be specified as a qualifying provider for the purposes of the OIA Scheme, subject to the exceptions stated above. This includes providers that receive funding under these sections but are not a higher education institution, university or further education college, and are either non-profit or for-profit institutions. 

We are not proposing to specify providers that do not receive funding under these provisions as qualifying providers. The legislative framework is framed around providers in receipt of such funding.

The regulations will only be able to specify providers as qualifying institutions for the purposes of the OIA scheme who are not existing qualifying institutions under section 11(1) of the 2004 Act. In the case of existing qualifying further education institutions, the determination of the specific courses within the scope of the scheme will be a matter for the OIA, exercising its discretionary powers in accordance with the scheme rules.

Collaboration and partnership arrangements

The proposed policy underpinning the regulations is intended to provide the broadest possible access, within the scope of the legislation, for learners to seek independent consideration of an unresolved complaint by the OIA where their provider is unable to resolve it to the learner’s satisfaction.

Where a provider becomes a qualifying institution under the regulations, the provider in receipt of the funding will be the qualifying institution for the purposes of the scheme. Providers will therefore need to work collaboratively with franchisees and any other partners to ensure that appropriate complaints handling arrangements are in place and that learners are clearly informed of their rights.

Providers are encouraged to engage with the OIA about their individual partnership or delivery arrangements to ensure compliance with scheme requirements. The OIA also publishes guidance on delivering learning opportunities with others, which providers may wish to have regard to.

Previous feedback from stakeholders has been instrumental in shaping both our implementation plan and timeline. The Welsh Government has recognised the need to allow sufficient time for preparation, particularly given the scale of wider activity for providers arising from implementation of the 2022 Act.

It is also recognised that the OIA requires time to work closely with providers to develop its understanding of the further education and apprenticeship sectors, and to adapt the scheme and its accompanying resources accordingly.

The proposed implementation timeline considers sector readiness and engagement:

Ongoing to 31 August 2027

Preparatory activity by the OIA to support implementation, including engagement with providers, learners, and adaptation of the OIA Complaints Scheme and the production of bilingual resources.

1 August 2027

The proposed Welsh Ministers’ regulations under section 11(2) of the 2004 Act come into force.

1 September 2027

New qualifying institutions are required to subscribe to the OIA scheme for further education courses and apprenticeships. The OIA bring further education courses and apprenticeships into scope for existing qualifying institutions.

From 1 September 2027

The OIA begins to consider unresolved complaints from further education learners and apprentices in relation to acts or omissions by their provider taking place after this date.

Welsh Government is providing support for the OIA to undertake preparatory activity ahead of implementation. This preparatory activity aims to reduce the need for gradual implementation and the OIA is working towards a single roll-out subject to sector readiness. 

While the OIA operates across England and Wales, it enables higher education learners to engage with the external complaints scheme bilingually. Information about the scheme is available in Welsh through a dedicated Cymraeg website, and learners may submit complaints and correspond with the OIA in Welsh if they wish. It is expected that this commitment to the Welsh Language will be replicated for further education learners and apprentices. Key documents including the OIA Annual Report and Good Practice Framework for providers are also available in both Welsh and English.

The preparatory activities being undertaken by the OIA ahead of planned implementation will include bilingual facilitation for events as needed and ensure bilingual materials and website are available for further education learners, apprentices and providers.

The Welsh Government considers bilingual access essential to ensure that learners are not required to use English in order to seek independent redress and to support equitable access to the complaints system for Welsh‑speaking learners. Welsh Language provision is treated as an integral part of the OIA’s wider commitment to accessibility, fairness and learner confidence, and aligns with the Welsh Government’s expectations for inclusive, learner‑centred protections within the Welsh tertiary education system.

The Regulatory Impact Assessment for the 2022 Act recognised that extending the OIA Complaints Scheme would add administrative and financial pressures to both the OIA and providers.

The OIA’s membership charges operate on a banding system based on student numbers. Determining the level of subscriptions payable each year to the OIA by qualifying institutions is a matter for the OIA. 

Providers who become new qualifying institutions through the proposed regulations will be required to subscribe to the OIA and pay an annual subscription fee.

Existing qualifying institutions already pay a subscription fee to the OIA in respect of their higher education provision. The fee is likely to increase when institution’s further education and apprenticeship courses are brought within scope of the scheme.

We acknowledge providers may have concerns about the potential financial implications of expanding the scheme. The OIA intends to continue to apply a 30% reduction to the core subscription fee for further education and apprenticeship providers. However, the Welsh Government also recognises the differences between higher education and further education funding models, including the high proportion of part‑time learners in the further education sector.

It is therefore important for the Welsh Government to have a clear understanding of any anticipated financial impact on organisations. This will support the development of an accurate Regulatory Impact Assessment for the proposed regulations and provide a robust evidence base to inform future consideration of options to address concerns raised.

Question 1

How clear is the proposed extension of the OIA Complaints Scheme to include further education courses and apprenticeships?

Question 2

Are the proposed providers to be specified in the regulations as qualifying institutions for the OIA scheme appropriate and proportionate?

Question 3 

What impacts, positive or negative, do you consider the extension of the OIA Complaints Scheme may have for further education learners and apprentices?

Question 4

What costs or resource impacts, if any, do you expect for your organisation as a result of extending the Complaints Scheme to include further education courses and apprenticeships?

Question 5

Apart from learning providers, are you aware of any other organisations who could incur costs or resource impacts as a result of the proposed extension of the OIA Complaints Scheme?

Question 6

Do you think the regulations could impact (positively or negatively) on any persons with protected characteristics covered by the general equality duty that is set out in the Equality Act 2010? If ‘yes’, how could the positive impacts be increased, or negative impacts be mitigated?

Question 7

Is there scope for any of the proposals in this consultation to promote equality of opportunity and foster good relations between people who share a relevant protected characteristic and those who do not?

Question 8

What, in your opinion, would be the likely effects of extending the scope of the OIA scheme on the Welsh language? We are particularly interested in any likely effects on opportunities to use the Welsh language and on not treating the Welsh language less favourably than English. Do you think that there are opportunities to promote any positive effects? Do you think that there are opportunities to mitigate any adverse effects?

Question 9

In your opinion, could the extension of the scope of the OIA scheme be formulated or changed so as to have positive effects or more positive effects on using the Welsh language and on not treating the Welsh language less favourably than English, or mitigate any negative effects on using the Welsh language and on not treating the Welsh language less favourably than English?

The Welsh Government will be data controller for Welsh Government consultations and for any personal data you provide as part of your response to the consultation. 

Welsh Ministers have statutory powers they will rely on to process this personal data which will enable them to make informed decisions about how they exercise their public functions. The lawful basis for processing information in this data collection exercise is our public task, that is, exercising our official authority to undertake the core role and functions of the Welsh Government. (Art 6(1)(e)) 

Any response you send us will be seen in full by Welsh Government staff dealing with the issues which this consultation is about or planning future consultations. In the case of joint consultations this may also include other public authorities. Where the Welsh Government undertakes further analysis of consultation responses then this work may be commissioned to be carried out by an accredited third party (for example, a research organisation or a consultancy company). Any such work will only be undertaken under contract. Welsh Government’s standard terms and conditions for such contracts set out strict requirements for the processing and safekeeping of personal data.

In order to show that the consultation was carried out properly, the Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. We publish responses anonymously and your name and contact details will not be included. If you would like your name or other details published alongside your response, please let us know when you submit your response, and we will include them.

You should also be aware of our responsibilities under Freedom of Information legislation and that the Welsh Government may be under a legal obligation to disclose some information.

If your details are published as part of the consultation response then these published reports will be retained indefinitely. Any of your data held otherwise by Welsh Government will be kept for no more than three years.

Under the data protection legislation, you have the right:

• to be informed of the personal data held about you and to access it
• to require us to rectify inaccuracies in that data
• to (in certain circumstances) object to or restrict processing
• for (in certain circumstances) your data to be ‘erased’
• to (in certain circumstances) data portability
• to lodge a complaint with the Information Commissioner’s Office (ICO) who is our independent regulator for data protection.

For further details about the information the Welsh Government holds and its use, or if you want to exercise your rights under the UK GDPR, please see contact details below:

Data Protection Officer:
Welsh Government
Cathays Park
CARDIFF
CF10 3NQ
e-mail: dataprotectionofficer@gov.wales

The contact details for the Information Commissioner’s Office are: 
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone: 0303 123 1113
Website: ico website