Vikki Howells MS, Minister for Further and Higher Education
The tertiary sector in Wales consistently works to offer learners the best possible experience. I want to recognise the excellent efforts of our providers and the achievements of learners within this sector. The positive experiences enjoyed by the vast majority learners reflects the commitment and professionalism seen throughout Wales.
It is nevertheless important to acknowledge that, on occasion, issues may arise which give learners grounds for complaint. It is therefore essential all learners are aware of the appropriate mechanisms for raising complaints, and, where matters cannot be resolved locally, learners have recourse to an independent body for further consideration.
The Office of the Independent Adjudicator (OIA) is the designated operator of the student complaint scheme. Currently, the OIA only review unresolved complaints from higher education learners. As detailed in the Explanatory Memorandum for the Tertiary Education and Research (Wales) Act 2022 (‘the 2022 Act’), provision is included within the 2022 Act enabling the scope of this scheme to be extended to include individuals studying further education courses and those undertaking apprenticeships.
Section 128 of the 2022 Act amends section 11 of the Higher Education Act 2004, enabling Welsh Ministers to make regulations specifying additional qualifying providers for the OIA scheme. Section 128 comes into force on 1 April 2026 through the Tertiary Education and Research (Wales) Act 2022 (Commencement No. 7, Transitory and Transitional Provisions and Savings) Order 2026 which I made earlier this month.
This development extends the opportunity for recourse to more learners and represents a significant learner benefit not currently afforded to further education learners and apprentices. I firmly believe it will help to drive a more transparent, consistent, and equitable approach to complaints handling within the Welsh tertiary education sector.
Today, I have written to further education providers and independent training providers setting out the intended approach and timescale for implementing this change in Wales. A consultation is planned for Autumn 2026, with the intention that regulations will come into force in August 2027. It is anticipated that the OIA will begin accepting complaints from further education learners and apprentices from 1 September 2027.
Feedback from key stakeholders has helped shape the approach and timescale for implementation. The OIA will receive support to undertake preparatory activity ahead of implementation. This will include work with further education and apprenticeship providers, as well as engagement with learners and their parents/carers to ensure complaint procedures are fully accessible and meet the needs of all learners.
The financial implications for providers arising from this extension are currently under careful review as part of the wider implementation strategy. However, final decisions regarding this must appropriately rest with the incoming government closer to implementation.