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Guidance on Consumer Law2018-12-12T10:38:04+00:00

Guidance on Consumer Law

A Self-Assessment – First Kare Academy

Introduction.

This policy encompasses information published in electronic or printed form which refers to any

of the following:

  • Our Academic programmes;
  • Contractual relationships the First Kare Academy have with a third party;
  • Corporate strategies;
  • First Kare Academy Policies;

First Kare Academy Services

We work with consumer protection law as its vital for our relationship with our students and maintain public confidence in the value of higher education.

We will adhere with the following regulations.

(a)     Consumer Protection from Unfair Trading Regulations 2008;

(b)     Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; and

(c)      Unfair terms legislation (at the date of publication, the relevant legislation is the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs)).

(d)    UK Quality Code Part C –

Further we also follow the following regulations as well.

  • Freedom of Information Act 2000, www.legislation.gov.uk/ukpga/2000/36/ contents.
  • Data Protection Act 1998, www.legislation.gov.uk/ukpga/1998/29/contents.
  • Equality Act 2010, www.legislation.gov.uk/ukpga/2010/15/contents.
  • The Equality Act 2010 (Specific Duties) Regulations 2011, www.legislation.gov.uk/uksi/2011/2260/contents/made.
  • C UC (2004) CUC Guide for Members of Higher Education Governing Bodies in the UK, www2.bcu.ac.uk/docs/cuc/pubs/CUC-Guide-FINAL.pd

We will make sure our complaint procedures are fair and with appropriate time scales. We will formulate clear and reasonable timescales relating to how long students will be given to respond to any requests for further information that we will make.

Also our complaint procedure won’t generate any unreasonable barriers for students pursuing a complaint during the process.

First Kare Academy will follow the CMA guidance on consumer protection law chapter 2 and 4. We will ensure that the following areas

(a)     Information provision – Our information is clear, accurate and complete

(b)     Terms and conditions – Our terms and conditions are fair and balanced.

(c)      Complaint handling processes and practices –our complaint handling processes and practices are accessible and transparent.

First Kare Academy guide prospective students to the relevant application, admission and registration process, whether internal or external, and signpost other relevant sources of information. Our entry requirements are specified along with details of other required prior experience where appropriate. Our processes for the accreditation or recognition of prior learning or for other non-standard entry considerations are described, together with information about how to use them. Overseas students will be directed to any additional documentation or other requirements (such as English language requirements) where appropriate by us.

Your overall approach to ensuring compliance with consumer protection law

Introduction.

This policy encompasses information published in electronic or printed form which refers to any

of the following:

  • Our Academic programmes;
  • Contractual relationships the First Kare Academy have with a third party;
  • Corporate strategies;
  • First Kare Academy Policies;
  • First Kare Academy Services

We work with consumer protection law as its vital for our relationship with our students and maintain public confidence in the value of higher education. We will adhere with the following regulations.

(a)  Consumer Protection from Unfair Trading Regulations 2008;

(b)  Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; and

(c)  Unfair terms legislation (at the date of publication, the relevant legislation is the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs).

(d)  UK Quality Code Part C –

Further we also follow the following regulations as well.

  • Freedom of Information Act 2000, www.legislation.gov.uk/ukpga/2000/36/ contents.
  • Data Protection Act 1998, www.legislation.gov.uk/ukpga/1998/29/contents.
  • Equality Act 2010, www.legislation.gov.uk/ukpga/2010/15/contents.
  • The Equality Act 2010 (Specific Duties) Regulations 2011, www.legislation.gov.uk/uksi/2011/2260/contents/made.
  • C UC (2004) CUC Guide for Members of Higher Education Governing Bodies in the UK, www2.bcu.ac.uk/docs/cuc/pubs/CUC-Guide-FINAL.pd

We will make sure our complaint procedures are fair and with appropriate time scales. We will formulate clear and reasonable timescales relating to how long students will be given to respond to any requests for further information that we will make. Also our complaint procedure won’t generate any unreasonable barriers for students pursuing a complaint during the process. First Kare Academy will follow the CMA guidance on consumer protection law chapter 2 and 4. We will ensure that the following areas

(a) Information provision – Our information is clear, accurate and complete

(b) Terms and conditions – Our terms and conditions are fair and balanced.

(c) Complaint handling processes and practices –our complaint handling processes and practices are accessible and transparent.

Our Head of Academic is responsible for the implementation of the consumer protection law.  Moreover we get legal advice from external law firms to make this policy effective.  The policy will be analysed in the governing board meeting and updated regularly. The updates will be provided to all staff members and students through e mails and student and staff portals.

Provide information to applicants and students: research and application stage, offer stage and enrolment stage

First Kare Academy guide prospective students to the relevant application, admission and registration process, whether internal or external, and signpost other relevant sources of information. Our entry requirements are specified along with details of other required prior experience where appropriate. Our processes for the accreditation or recognition of prior learning or for other non-standard entry considerations are described, together with information about how to use them. Overseas students will be directed to any additional documentation or other requirements (such as English language requirements) where appropriate by us.

We provide information in different stages for our students

  1. Research and Application Stage – At this stage students will be given appropriate and vital material information about course title, duration, module structure fess and intakes through our website, prospectus, course handbooks and at open days –
  1. Offer Stage – We provide information to them about when they accept one offer they may be rejecting others and giving up the ability to switch to a different HE provider other than in limited circumstances.
  2. Enrolment stage – We provide detail of course modules or the staff involved in the delivery of these modules, as long as this is not a change to pre-contract information. We will provide a learning agreement at this stage as a contract for education as per CCRs and CMA advice for Higher Education.

Our prospectus and website contain all the above information in detail inters of our new HE provisions.

We guide prospective students about advisory services; student participation in the student union, where applicable as per to the QAA guidance on Chapter B5 of UK Quality Code in pertaining to student engagement, arrangements for pastoral care, living accommodation available to students; and social and leisure facilities for overseas and home/EU students.

We will include this on our public information policy and this policy will be updated regularly as per to the changes in CMA. Our board will approve the changes and policy will be approved eventually by the board.

We provide pre-contract information as per to the CCR regulation in a clear and comprehensive manner. Students will also be given 14 days cancellation period for this contract.

The contract will be given by e mail and hard copy for all students and sufficient time duration will be given for them to take decision.

The College and its staff will make every effort to ensure that the processes of application and admission are accurately described and presented for all prospective applicants, and that prospective students are provided with all necessary or requested information to ensure they make an informed choice in the selection of their programme of study.

On enrolment and start of their studies, students shall be provided with the Student Handbook and access to the appropriate electronic information sites for current and ongoing information in relation to their programme of study as part of an induction programme. They shall also be provided with information about the support that will be provided, what they can expect from the College, and the expectations of them and their responsibilities as students – including the policies and procedures that apply to them

 

Contract terms and conditions

First Kare terms and conditions are distinctly explained in our students learning agreement which will be given at the enrolment stage. The student is expected to negotiate, with the college to make this appropriate and complete feasible task.

First Kare will ensure the students terms and conditions are easily accessible and located. The vital information will be provided prior to the acceptance of the offer given by us.

Our terms and conditions are written in simple and intelligible language and they are clear, transparent and legible, and students will be able to understand the terms and conditions very easily.

Our terms are fair and balanced.

Any need for variation will be balanced against the overarching requirement that students will receive the educational service they expect without any hinderance from First Kare.

First Kare ensures that our complaint handling processes and practices are accessible, clear and fair to students in the terms and conditions.

The terms and conditions will be reviewed regularly in the academic committee meeting with the student representatives and new changes will be implemented by the admissions department.

Our terms and conditions mostly focus on student attendance, academic progression and prevent academic mal practice.  More over in encompasses the following

  • Supervisory and Working Arrangements;
  • Project Planning and Milestone Setting;
  • Intellectual Property;
  • Training and Personal Development;
  • Progression and Monitoring;
  • Submission and Completion;
  • Collaborating and Sponsoring Organisations

We maintain a dedicated website which provides external audiences with information regarding the College courses, accommodation, facilities, news and special events. It is the overall responsibility of the Head of Administration to ensure that the website is accurate, informative and reflects current institute offerings and operations

We will always try to deal and resolve your complaint in the times given in this procedure, but sometimes we may be unable to do this if the complaint is complex and difficult to review.  However, we will always try to keep in touch with you.  Please understand if we are unable to tell you the exact outcome as sometimes it may be private between an individual person and the College.

Complaint handling processes and practices

Stage 1 – Informal Procedure

If you are a student and currently studying at the College and unhappy about your course, we advise that you speak to your course tutor.   You may also want to speak to any of the following members of staff:

The Internal Verifier responsible for quality assurance of your course.

The Welfare Officer.

If you are not a student at the College, you should contact the College and explain that you have a complaint about the service or information you have received, which will then be passed on to the person who is best positioned to help you.  Alternatively, you may post a note or letter in the general comments box, which is situated in the foyer of the main entrance to the College.

Stage 2- Formal Procedure

If you would prefer not to speak to someone, or are still dissatisfied after speaking to someone, you may want to make a formal complaint in writing. (ref:  general complaints form)

To do this you can fill in the complaint form provided on our website or alternatively you can ask the receptionist for a complaint form.  Please ensure that you complete the personal details section and give an accurate account of the complaint, as well as any actions you would like to suggest that the College should take.

If you would like your complaint to be dealt with private and confidentially, please put the form in a sealed envelope and address to the Welfare Officer.

What you can expect to happen

We always aim to resolve complaints informally at the first point of contact with the person making the complaint. When a formal complaint is received, through the procedure stated above, you will receive a phone call from the College and an acknowledgment in writing within 3 working days of receipt of the complaint.

The complaint will be investigated by the relevant department and you will receive a response within 8 working days, unless your complaint is particularly complex in which case we will inform you of the same and provide an estimated timescale as to when you should expect to receive a response.

If we agree with your complaint we will let you know in writing and how we propose to put things right.

If we do not agree with your complaint and you are still dissatisfied you will be advised of your right to appeal.

Stage 3 – Appeals Procedure

If you have received a decision and are still not happy with the outcome, you may appeal to the Academic Director.  You should contact the Welfare Officer who will advise you to write a letter or send an email that tells us you wish to appeal against the decision; you will not need to tell us about the complaint as we will pass the details on for you.

The Academic Director will review the complaint and make a decision if it was right to agree or not agree with your complaint.  You may be asked to come to a meeting at the College to discuss your complaint and also that you may ask a friend or family member to accompany you to the meeting.

The Academic Director will review and respond to you within 10 days from the date on you appeals letter.

Stage 4 – After Appeals Procedure

If you are still dissatisfied with the outcome of your complaint, you will be advised to contact the appropriate agency like Office of the Independent Adjudicator (OIA) that monitors compliance of standards and quality operated by the College.  You will be advised of the agency contact details and complaints procedure to assist you to take the complaint further

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