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    Complaint Review

    Stages of Complaint

    Informal
    Formal
    Review

    This article is for informal Complaints and is intended as a helpful guide that should be read alongside Students Complaints Procedure, for related processes see Informal Complaints, Formal Complaints, Issues with Students, Dealing with Housemates, Issues with Placements or Mediation

    Overview

    The purpose of a complaint review is not to reinvestigate a formal complaint but to ensure that procedures have been followed at the initial investigation stage.

    You should submit your Complaint Review form within ten working days of the response to your formal complaint.

    You may wish to speak with a Sunderland Students’ Union advisor who can explore the process and alternative options with you. 

    Drafting your complaint review form
    Downloaded a complaint review form and try drafting your claim. You don’t need to get it perfect straight away- it is normally easier to correct/delete/add points from a rough draft than it is to try it write it perfect the first time.

    You will need to ensure your request provides;

    • A copy of your original complaint form
    • A copy of the response to your complaint by the Dean/Director
    • The outcome you are seeking from the complaint
    • Any reasons why you remain dissatisfied following the formal complaint process

    Speak to Sunderland Students’ Union advisor to help you review your drafts to see what you could do to strengthen your request.

    • be concise; this doesn’t mean it has to be short, just avoid covering a point several times and keep the phrasing simple
    • Try not to be emotive in your language; it is important the reader can see the facts of your appeal. Phrases like “please, I’ve worked so hard this year and would be devastated not to get my degree” or similar emotive pleas does not add any factual points and is likely to make your appeal longer than it needs to be or make it confusing to read. 
    • Find ways to break up information into bite sized chunks with bullet points, timelines, shorter paragraphs, headers etc
    • Use a short summative introduction which describes the main point(s) you are making in your complaint before going into details

    Preparing evidence
    If there is any additional evidence you must provide this and any good reason as to why it was not available before. Evidence that is from an independent source, from a professional individual or service, is more likely to help you your claim.

    Evidence between complaints will vary widely as each complaint will require evidence specific to the claims you are making- you may wish to speak with an advisor to discuss what evidence might be appropriate for your complaint. 

    Evidence you may wish to consider

    • Copies or weblinks to policies or procedures or written materials published by the university which demonstrates any lack of service you feel you have received
    • Witness statements by anyone who witnessed any alleged incidences 
    • Copies of correspondence such as emails or letters
    • GP letter or other medical letters from specialist medical staff if you are claiming the circumstance had a medical impact on you
    • Letters from your tutors or other staff
    • Letters from professionals; solicitors, counsellors, social workers
    • Legal Paperwork
    • Police documentation

    False evidence for complaints or complaints that are malicious, vexatious or frivolous is an offence under both academic and disciplinary regulations and may lead to expulsion from the University.

    When to submit
    You should submit your complaint review form within ten working days of the response to your formal complaint.
    The University will not accept a late complaint review form unless you can demonstrate very good cause for not meeting the deadlines, supported by evidence.

    Where to send your claim
    The complaint review form can be submitted either to University of Sunderland, Student Casework, Level 1, The Gateway Building, City Campus, Chester Road, Sunderland, SR1 3SD, or you can email your complaint and evidence digitally to studentcasework@sunderland.ac.uk

    Confidential information
    Any evidence submitted as part of the complaint will be made available to both the you and those members of staff who need to see it in order for the complaint to be considered. In some cases a duty to breach confidentiality may exist, typically where necessary to do so for the safety of you or of other people.

    If there is any aspect of your complaint or evidence which you feel must remain confidential you must discuss this with the Investigating Officer when you first meet. The University cannot guarantee that this will be possible. In cases where some information is restricted, due to a request for confidentiality, the University may not be able to ensure that full consideration is given to each case. 

    The University may not be able to disclose outcomes about actions taken in respect of staff due to their obligations in respect of confidentiality in employment matters.

    Timescales
    Initially you should receive an acknowledgement from the Student Casework Manager within 5 working days. 

    Documentation will be compiled for both you and the Complaints Review Panel; you will receive this documentation within 17 working days of the acknowledgement of your request.

    The Panel should convene within 40 working days of your request being submitted. Following the Panel hearing, you should normally receive the outcome within 7 working days.

    Who will be on the Panel 
    The panel will consist of 3 individuals;

    • a Deputy or Pro Vice Chancellor (who will chair the panel),
    • an elected president of the students’ union, and
    • a Dean/Director (or a senior member of staff appointed by them)

    Attending a Panel Hearing
    you will have the right to a personal hearing in the course of the review. If your complaint involves anyone else or is regarding anyone else, they will be present at the Hearing at the same time as yourself. 

    All parties involved will hear all of the evidence presented to the Committee and have the opportunity to comment on it. Where agreed, your presence at a Panel may be through virtual means such as video or telephone conferencing.

    You can be accompanied by a member of the University community including a students’ union advisor. If you are unable to attend you may nominate a representative to attend on your behalf, provided that the representative is also a member of the University community. However it is strongly urged that you attend. 

    If assigned an Investigating officer they will usually wish to discuss your complaint with you to ensure they have a fully understand of the complaint you are making and you are welcome to bring a member of the university community such as an Students’ Union advisor or another student, for support. 

    Reasonable adjustments
    The University will make reasonable adjustments at any stage of the proceedings to accommodate your needs should you have any disability or health condition (or other protected characteristics). Make sure you inform the casework manager of any adjustments you would like in place before the hearing. 

    Expenses
    If your complaint succeeds, you can request that the University pays towards any reasonable and fair costs that couldn’t be avoided and were needed for your complaint. Such contributions are discretionary, and you need to request in writing before the panel hearing. 

    Taking legal action
    if you start legal action against the University, any complaint will be paused until those proceedings are complete. Legal actions may also rule out opportunities for you to approach the Office of the Independent Adjudicator (OIA); speak to an advisor for more details.

    Is there anything else the university will consider?
    If you feel the University has not followed its own procedures when handling your complaint, which is known as material procedural irregularity, and if this has had a significant impact to the outcome, you could submit a challenge by writing to the Head of Legal and Governance within 10 working days of the panel hearing outcome.

    If the Head of Legal and Governance is satisfied there is sufficient evidence of material procedural irregularity, this will be reported to the Vice Chancellor & Chief Executive with advice in relation to appropriate further action. The Vice Chancellor’s decision in relation to further action will be confirmed to you in writing within 20 working days of your full submission to the Head of Legal and Governance.

    Completion of procedures letter 
    once the complaint process is concluded and is not upheld the University will issue a completion of procedures letter. The completion of procedures letter informs you that you have exhausted the internal process and there is no further action internally you can take. 

    Can I raise the issue externally?
    Students who receive a completion of procedures letter do have the write to approach the Office of the Independent Adjudicator (OIA), an independent body set up to review complaints against Higher Education Providers in England and Wales, free to access for students

    As a review body the OIA will consider how the university dealt with your complaints/appeal and its final decision. However the Scheme is not a further appeal to the university but is principally to consider whether the university has correctly applied its regulations and followed its procedures and whether the outcome is reasonable in the circumstances.

    Can I take legal action?
    Students will sometimes ask if they can take legal action, however we can’t advise on legal issues so you will need to speak to a qualified and appropriately trained legal service, preferably one that is familiar with higher education and/or the University’s regulations. 

    It should be noted that if you do take legal action, this may prevent you from approaching the Office of the Independent Adjudicator (OIA).

    Page last reviewed: 01/03/2019
    Next review due: 31/08/2020