Saturday, 22 July 2006 

To: Kathryn Worsey Welsh Assembly Higher Education and HEFCW Observer
Dale Hall Clerk to HEFCW 

Cc: Mark Williams MP 

Re: Student Complaints Scheme - Higher Education Act 2004. 

You will recall writing to me at the end of 2003 on this subject stating the Welsh Assembly wishes this issue to be dealt with by means of openness and transparency. 

While my complaint is still with the Bishop of St. David’s the difficulties are the same if not far worse under the Independent Adjudicator for Higher Education (OIA) 

The reason for this is because the act rather foolishly and naively relies on the University to tell the truth and from my experience that is highly unlikely to happen. Under OIA procedures Universities can tell lies with no fear of question or challenge and there is the presumption in favour of the University. To comply with modern democratic standards any course of public justice must carry a separate role of investigation as well as adjudication to prevent this sort of abuse from happening. 

The second point more absurd than the first is that the Act clearly states that students can complain about the Federal University and I have done that. However in keeping with the standards associated with this public spending body my complaints were ignored.

I complained to the Visitor the Privy Council who claimed they could only get involved once procedures had been completed by the Federal University. The problem with that is the Federal University does not have any complaints procedures for me to use. This strikes me as a nice little arrangement in keeping your unwritten policy of making sure nobody makes a complaint of any substance about Welsh Universities 

The OIA has stated that it cannot assist me with this issue so who can? 

I attempted to complain under the Federal University’s policy on PIDA 1998 which students are entitled to do and discovered that in keeping with all other grandiose claims to the highest stands that such procedures are for display purposes only. 

The Welsh Assembly does have jurisdiction over this legislation so I would appreciate clarification on the following points

What do you propose to do on the issue of investigation as well as adjudication of student complaints?

What do you propose to do about the Federal University not having any complaints procedures which is preventing the appropriate use of the Act?

Please confirm that HEFCW will make no requirement for the Federal University to introduce a complaints procedure and will carry on pumping in public money regardless of this scandal.

Please confirm that the Education Minister will not direct HEFCW on policy to remedy this situation to avoid political and personal embarrassment.

Please confirm if the Welsh Assembly has any jurisdiction to force the Federal University to introduce complaints procedures.

Please confirm that if the Federal University can get away with this sort of conduct that makes it perfectly acceptable and sets a moral standard for the rest of the country.