Higher Education Solicitors - How can we help?

"Thank you for the outstanding representation that I recieved"

Entering University these days has never been so expensive. Unfortunately, the cost of attending University has increased. With Tuition fee rises and the risks associated with the removal of Education Maintenance Allowance , the financial stakes and commitment has never been so great.

It is the case, that one can expect in the future these costs will further increase This is all the more reason why as "paying customers" students may readily resort to the law if they feel that their university or college has not provided value for money.

The University Student - is there a contract?

Many perhaps do not appreciate that a contract exists between the student and a University. The contract will also contain implied terms such as to ensure that the student is properly "tutored" as well as "treated". In cases where students undertake doctoral tracks or other post graduate training, the common complaint is that there was "inadequate supervision". Other common complaints are that the University marked the student incorrectly or that the student was ill treated by staff members. All of these could amount to a breach of contract on the part of the Higher Education establishment. It might mean that the student can bring a claim for damages ( or in other words - financial compensation ). If you think you have a claim speak to one of our specialist Further and Higher University and College Solicitors.

I have a complaint. What can I do

The first thing to do, is raise the complaint internally. Most Universities will have an internal complaint procedure which should be exhausted. Sometimes students need help when embarking on this process, as the complaint might be relating to matter which impacted on the students examination performance. It might be the case, that the student did not receive appropriate examination or other concessions to account for a disability that may have been known to the University.

Raise the University Complaint as soon as possible

This is important, because it might be said that the information that the student relies upon later was never made known to the examination board that sat to consider the students results. In such cases good reason would need to be given as to why there was late disclosure of the complaint.

The Office of the Independent Adjudicator ( The OIA )

Once an internal complaint has taken its course, a student might appeal to the OIA ( The Office of the Independent Adjudicator ). There are advantages and disadvantages to this. Some argue that the procedure is not as effective as turning to the courts, but it is without doubt a cheaper course to adopt. It is however highly unlikely that this process will involve an actual oral hearing before the Adjudicator and less likely to involve the cross examination of witnesses which would otherwise occur in a court.

University claims and the Courts

It is important to speak to a specialist higher education law solicitor if you feel that you wish to bring a claim before the court. There are very strict time limits to observe. Usually 6 years in cases of breach of contract or 3 years if the claim involves a personal injury element. Remember the claims against Universities are often complex thus it is vital that you speak to an expert in Higher Education Law.

Specialist lawyers for the University and Further Education Student

Sinclairslaw (formerly Sinclairs Solicitors) are leading experts in education law, acting on a nationwide basis. We have helped scores of students throughout England, Wales as well as overseas students achieve fairness and justice in their education establishments.

How we can help you?

We are able to provide advice & guidance in many areas, the main ones are listed below:

• Unfairness relating to the university admissions system
• Student disciplinary proceedings
• Exclusions from University
• Dealing with allegations of cheating/plagiarism in examinations or dissertations
• Issues relating to grants or financial matters connected with higher education
• Academic appeals and complaints procedures
• Human Rights Act 1998 - which legislates on many issues, these include the respect for private and family life, the right to education, prohibition and discrimination, freedom of expression and of thought, conscience and religion, the prevention of inhuman and degrading treatment, and more importantly, the right to receive a fair hearing
• Claims relating to breach of contract or discrimination
• visitorial appeals

Whether you have difficulties ranging from disciplinary proceedings to academic appeals, or indeed a complaint that you have been let down by your college due to inadequate supervision or tuition. Perhaps the most fundamental right that any student should have, is the right to a fair hearing where you are able to state your case before an impartial appeal body.

The Human Rights Act and the University Student

We have mentioned above the right to a fair and impartial hearing. Following the passage of the Human Rights Act 1998, this remains a controversial area as a fine line needs to be drawn between when a dispute is about contractual rights and when it arises from the exercise of a public law function. The Human Rights Act of 1998 laid down certain requirements for publicity, independence and Impartiality and the holding of oral hearings. The right to a fair hearing is most likely to be held to apply in very serious disciplinary matters or where an academic appeal may effect the students ability to graduate or enter a profession. Universities have always been bound by what is known as the rules of natural justice or referred to as "due process' in the United States. These are principles that ensure fairness and fair play so that students are aware in advance of the nature of any complaints that may be made against them or the case they have to meet. Students should be given the chance to put their own case or side of the story before an impartial tribunal. It is equally important that any tribunal gives full reasons for reaching its decision.

The law in relation to higher education can be a complicated maze, and it is important that when a student needs to take advice, they do so from a firm of solicitors who specialise in the area of the law.

Sinclairs Solicitors leading the way in Higher Education Law

Sinclairslaw have established a nationally recognised expertise in this complicated area of the law such that you can rest assured that your case is in safe hands. The firm also holds one of the few franchises issued by the Legal Services Commission in the United Kingdom. We are therefore able to provide legal advice and assistance under this scheme for those who are financially eligible. Use our legal aid financial eligibility calculator for more information.

Therefore, if you need advice and assistance in relation to problems that you are experiencing in gaining admission or indeed during your time at university, then please feel free to contact us.