University of Wales Lampeter Newsletter

Student Rights & Whistleblowers UK

Bringing Light to Injustice and Maladministration

Student Support Site

How can they get away with it

May 24th, 2008 · No Comments

Again the answer is because they can, the old saying that power tends to corrupt and absolute power corrupts absolutely is true. The Further and Higher Education Act 1992 set up spending councils for England and Wales for both further and higher education. This gave birth to The Higher Education Funding Committee for Wales known as HEFCW. These councils have a statutory duty to ensure standards and were given a task under the act of setting up a regulatory body which became known as the so called Quality Assurance Agency or the QAA a misnomer if ever there was one. Both are Quasi Autonomous National Government Organisations or QUANGO’s.

The mission statement of the QAA states that its purpose it to assure the public on standards in higher education. Which sounds admirable until you as a member of the public seek assurance! The answer you will get is that they do not have a brief to accept complaints from the public. Why? because HEFCW did not give them one, thus betraying any form of public accountability by creating a paranoid closed shop.

There is a three way set up of a University run by academics, the spending council (HEFCW) run by academics, and regulatory body (QAA) run by academics and the outcome well you’ve guessed it is purely academic! Immune from any sort of complaint from the public any sort of public accountability. Because of the self imposed lack of accountability the mere existence of this situation is in itself a breach of the standards laid down by the Second Nolan Committee.

I have also made a complaint against the Federal University to the Visitor (the Privy Council) who has papers lodged prior to 29th March 2004 which means they must hear my complaint. The Privy Council has refused to intervene until the complaints procedures have been exhausted, the problem with that is the Federal University does not have any complaints procedures. Protests to the Privy Council have been ignored and as they have Crown immunity they are outside the jurisdiction of the Parliamentary Ombudsman so there is nothing I can do except to warn others of what has been going on.

All Universities are exempt listed charities and while the same rules apply concerning the conduct of trustees or office bearers to registered charities the Charity Commissioners are powerless to intervene.

Universities are controlled by its Articles of Government that can only be changed with the approval of the Privy Council. The are also regulated under the company Act 1985 and as amended2004, trouble is they will ignore that too. Any complaint to the Privy Councils is going to be ignored then they will hide behind Crown Immunity.

The governing body is making decisions with the Vice Chancellor and Secretary and Academic Registrar acting in their own self interest to conceal their own wrong doing. I have also written to the Chairman, Treasurer and Clerk who are duty bound to act against the Vice Chancellor and Secretary to protect the University but they have failed to do so.

This is contrary to the Guidelines issued by the Committee of University Chairmen (CUC), Administrative Law that arose from the Second Nolan Report 1996, the Financial Regulations, Articles of Government, the Charity Act 1992, and the Company Act 1985 and 2004.In my opinion the solicitors are not acting lawfully to protect the interests of the University they are simply protecting the self interest Office Bearers at public expense. But none of that matters its only when you break the rules do they act.

But didn’t we go to war in Iraq to put a stop to that sort of thing. Yes we did and the Iraqi people are now more democratic than we are as everyone in their country is accountable.

What about the Auditors, tried that and they are not going to rock the boat, I have a letter from the Auditor General for Wales telling me that under the Public Audit Act (Wales) I have no rights whatsoever to challenge the way Universities spend their money even if they have been helping themselves to legal expenses for which they have a personal liability.

Will the Welsh Assembly do anything? the answer is don’t be silly! They have known what is going on since December 2003 but are not going to act as this is all part of the tradition of the University abusing students and getting away with it. Besides they are too concerned about justifying their own existence and pursuing their own political careers to admit there is a problem with anything.

As the Education Minister has gone on the Politics show to paint a picture of excellence concerning all Welsh Universities in the knowledge of what has been going on, they claim they do not have any jurisdiction but are not going to refer this matter to Westminster, clearly they going to obstruct every conceivable resolution of this situation. The Welsh Assembly is an artificial impediment to the efficient and effective delivery of services to the people of this country and as therefore only serves itself.

I have stated that standards at the University of Wales are third world and third rate, I must apologise to the third world for this comment as I accept that poverty does not mean corruption, I should have said a corrupt under developed feudal crown state where officials hide behind the corrupt unaccountable power of the Monarch as any form of democratic accountability has been placed out of reach into the hands of the Privy Council.

To make a similar comparison as prisons have a Board of Visitors this country’s prisoners have more rights to complain under an accountable, transparent, fair, and just system based on 21stcentury European standards than its students.

It is an urban myth that Welsh Universities are somehow accountable to the Welsh Assembly, MP’s think this is true as does the Department of Education and Skills and the Welsh Office, its not dawned on anyone yet that there is a constitutional black hole which make this behaviour acceptable. The people of Wales only provide the money we have no say what so ever in standards or how that money is spent and what sort of message does this send to this country’s students? Details of my complaints will be published soon. I suspect more is going to be disclosed and it is going to get worse. This site is hosted in the USA so any attempt to have it removed is going to fail. They could always threaten legal action but its just another meaningless threat as this is not libel because its true.

Tags: Get Away With It