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Complaints Procedure

This document is definitive!

1. Introduction

  1. A complaint is defined as any unsolicited expression of grievance that a University service fails to match either what is promised by the University, or what it would be reasonable to expect.
  2. Complainants may be any person with a reasonable ‘locus standi’ e.g. students, applicants with a complaint against the University. Complaints may be made by third parties on behalf of students. In such cases they must be supported in writing by the student concerned and the student must authorise in writing anyone who is to act for them. Anonymous complaints will not be dealt with using these procedures.
  3. Employees of the University may not use the procedure. Instead, they should raise any complaints through the separate grievance procedure for employees.
  4. Complaints must be genuine. The Complaints Officer has discretion to refuse to hear complaints s/he considers to be vexatious or frivolous.
  5. The University intends to deal with complaints quickly. To this end, complainants are encouraged to refer problems in the first instance and on an informal basis to the relevant member of University staff or his/her line manager. It is hoped that this will usually produce a satisfactory resolution to the issue. Where satisfaction cannot be achieved in this way, the following procedures apply.

2. Preamble

  1. These procedures are all subject to the Articles of Government of the University. They do not replace: the established Appeals Procedure with respect to decisions of Examination Boards; the provision of the General Student Regulations; or the Grievance Procedure agreed between the University and the recognised trades unions. They have been agreed with the recognised Staff Unions and the Students’ Union.

3. General

  1. Complaints must be made as soon as possible, and should be addressed to the Complaints Officer (but see paragraph 5 above for informal approaches). Unless there are exceptional circumstances, the University will not hear a complaint which is raised more than three months after the apparent service failure. The Complaints Officer shall be a senior manager nominated by the Vice-Chancellor. He/she will keep a log of complaints and their outcomes. An annual review highlighting any common themes or trends will be presented to the Board of Governors. The University will keep the complaint confidential in so far as is necessary to comply with its data protection obligations to the complainant and other involved parties. No complainant will be disadvantaged whilst the complaint is being heard unless health and safety is at risk.
  2. All complaints should be self-contained, describe the complaint as precisely as possible, and specify the desired outcome. The proforma should be used.

4. Complaints About Programmes of Study

  1. Complaints relating to programmes of study may relate to the provisions of the programme of study as such, or to the extent to which members of the academic staff have fulfilled their responsibilities towards students.
  2. Students are urged to approach University Tutors or subject leaders, as the appropriate manager responsible, who may be able to deal with the issue without invoking formal procedures.
  3. Where reference to the University Tutor or subject leader is unsuccessful, complaints should be referred in writing to the Complaints Officer. The written complaint should give full details of the matter complained of and should enclose any and all supporting documentation on which the complaint is based.

5. Complaints About Non-Academic Matters

  1. Complainants are encouraged to refer directly to individuals concerned, so that dissatisfaction may be dealt with at once. In particular, complaints by students about University services should be made in the first instance to the staff responsible. Where satisfaction cannot be achieved in this way, the following procedure applies.
  2. Complaints on non-academic matter should be referred in writing to the Complaints Officer. The written complaint should give full details of the matter complained of and should enclose any and all supporting documentation on which the complaint is based.

6. Complaints Procedure

  1. The Complaints Office will determine which member of University staff is best placed to investigate the complaint.
  2. The Investigating Officer will carry out an investigation, which will include consultation with such individuals, as s/he considers relevant. The Investigating Officer shall inform the staff or student in question about the substance and the nature of the complaint against them. The Investigating Officer will then decide one of the following, that:
    1. the complaint has not been substantiated and that no further action is necessary;
    2. the complaint has been substantiated, but that appropriate steps have already been taken to deal with it and no further action is necessary;
    3. specific action is necessary that s/he will then recommend to the Complaints Officer, this could include referring the issue to an existing University procedure, for example the student disciplinary procedure.
  3. The Investigating Officer will inform the complainant, copying to the Complaints Officer, of the outcome of this stage within fifteen working days of the receipt of the written complaint by the Complaints Officer. The University may, at its discretion, extend the time period for responding. If this is necessary the complainant will be informed of the delay and the reasons for the delay.
  4. If the complainant is not satisfied with the response from the Investigating Officer, a review panel of three senior members of staff, chaired by the Complaints Officer will be set up to deal with the complaint. Where appropriate, the President of the Students’ Union will be invited to be a member of the panel. It will reconsider the complaint and the Investigating Officer’s response, but only in the context of:
    • Whether the Investigating Officer followed correct University procedures;
    • Whether the decision of the Investigating Officer was perverse.
    The Panel are likely to want to meet with the complainant and the person complained against, both of whom may be accompanied by a friend, if this has not already been done by the Investigating Officer, and witnesses may be called. The Complaints Officer will inform the complainant of the outcome of the case as soon as practicable, whilst maintaining necessary confidentiality.
  5. This letter will represent a ‘completion of procedures’ letter. A student dissatisfied with the outcome of this decision may be able to complain to the Office of the Independent Adjudicator for Higher Education, provided that their complaint is eligible under its rules.
  6. Students who have made a complaint relating to payment of fees by instalment and feel that their complaint has not been satisfactorily dealt with or is unresolved, may be entitled to complain to the Financial Ombudsman Service.

7. Submission of a Complaint

  1. Complaints made under these procedures should be made by using the Complaints Form.

8. Complaints Questionnaire Equal Opportunities Monitoring Form

  1. Bath Spa University is committed to promoting equal opportunities and to providing equal treatment for everyone. To help us achieve this aim, we would be grateful if you would complete our monitoring form.

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