POLICY: Student Protection Policies - Refunds and Compensation Policy POLICY URL: https://lsi-ac.uk/policy/59ba2d95-5b2e-42f6-a6f2-85b12584ceee POLICY STATEMENT: The School is committed to ensuring fairness in its Refunds and Compensation Policy, as outlined in student contracts and in compliance with the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCRs). This policy aligns with our Tuition Fees, Additional Charges, and Deposits Policy and Schedule. POLICY PRINCIPLES: ------------------ - Fairness : Guaranteeing equitable treatment for students in the refund and compensation process; - Clarity : Providing clear and transparent criteria for eligibility for refunds and compensation; - Accessibility : Ensuring that information about how to claim a refund or compensation is easily accessible; - Responsiveness : Responding to refund and compensation claims in a timely and sensitive manner; - Proportionality : Offering refunds and compensation that are proportionate to the disruption experienced; - Accountability : Holding the School accountable for its commitments to students; - Consistency : Applying the policy consistently and fairly to all students; - Transparency : Maintaining transparency throughout the process, including the reasons for decisions; - Legal Compliance : Keeping all practices in line with consumer rights and relevant laws; - Integrity : Upholding the integrity of the School by ensuring students are not financially disadvantaged by the School’s actions; - Feedback : Using feedback mechanisms to improve services and prevent future occurrences warranting compensation; - Review : Regularly reviewing the policy to ensure it aligns with best practices and the needs of students. REGULATORY CONTEXT: ------------------ This Policy has been developed in line with the applicable laws, regulations, regulatory advice, and sector best practices, including the following: R1. Competition and Markets Authority (CMA): Higher education: guide to consumer rights for students - This guide outlines students' consumer rights and explains what higher education providers must do to meet their obligations under consumer protection law. R2. UK Government: Consumer Rights Act 2015 - A UK law that consolidates consumer rights, covering contracts for goods, services, digital content, and providing remedies for faulty goods and services. R3. Competition and Markets Authority (CMA): Higher education: consumer law advice for providers - Advice to help higher education providers understand their responsibilities under consumer protection law, especially regarding undergraduate students. R4. Universities UK: Compensation and refund policies – developing good practice - A briefing to aid consistency in how universities approach refund and compensation policies for students, offering principles for good practice. R5. Quality Assurance Agency (QAA): The Quality Code - This code represents a shared understanding of quality practice across the UK higher education sector, protecting public and student interests and championing the UK's reputation for quality. METRICS AND KPIS: ------------------ The following metrics will be measured and regularly reviewed as key performance indicators for the School to ensure the effectiveness of this policy and associated operations: M1. Compensation Claim Resolution Time: Track the average duration from the submission of a compensation claim to its resolution, with a target resolution time of 20 working days. Reflects efficiency in handling claims and upholds the policy's commitment to fairness and promptness. M2. Refund Processing Time: Measure the average time taken from the approval of a refund claim to the actual disbursement of funds, aiming for a processing time of 14 days or less. Ensures timely financial relief for students and adheres to policy guidelines, enhancing satisfaction and trust. M3. Student Satisfaction Score: Use post-resolution surveys to measure student satisfaction with the refund and compensation process, aiming for a satisfaction score of 85% or higher. Directly reflects the effectiveness of the policy and the overall student experience. SECTION 1: Refund Policies Within and Beyond the 14-Day Period ------------------ 1.1. Cancellation of Contract Within 14 Days (by Students): A student who has formally accepted an offer from the School remotely (away from the School’s premises) has 14 days to cancel the contract from the date of formal acceptance. Cancellation can be done by completing the Contract Cancellation and Permanent Withdrawal Form available on the Student Portal or School website, sending a letter to the School's official address, or emailing admissions@lsi-ac.uk. This right to cancel applies even if the student has enrolled and started the programme. Refund provisions outlined below will apply; This 14-day cancellation period ensures students have sufficient time to reconsider their decision. 1.2. Refunds for Home Students within 14 Days (by Finance Team): If a Home student cancels their contract within the 14-day period, the School will refund all payments received for the cancelled contract using the original payment method, including any payments made to the Student Loan Company (SLC); This complies with consumer protection regulations, ensuring refunds are processed through the original payment method within the legally mandated cancellation period. 1.3. Refund of Deposit for International Students if Contract Cancelled within 14 Days (by Finance Team): A. If the School issues an offer to an international student requiring a visa and provides a CAS (Confirmation of Acceptance for Studies), the deposit will only be refunded if the visa application is denied for reasons beyond the student's control. The student must provide a copy of the refusal notice, and the School may consult immigration advisers to assess the situation. No refund will be given if the student:; Chooses not to apply for a visa; Withdraws the visa application before a decision is made; Is granted a visa; Applies for a visa against the School's advice; Is denied a visa due to a significant oversight, error, or defect in their application, such as deception or submitting incomplete or false documentation, as outlined in the refusal letter; B. If an international student fails to enrol in their programme at the School after being able to do so, the deposit will not be refunded. The School reserves the right to take further action regarding payments. A £250 administration fee will be deducted from any refunds issued; The School may, at its discretion, waive these refund rules for international students who fail to meet conditions or obtain a visa due to severe and unforeseen circumstances. Affected students should contact the School with evidence of their circumstances. Decisions regarding full or partial refunds will be at the School's discretion; This policy ensures that the School fairly assesses refund requests. It balances the need for administrative costs with the flexibility to accommodate severe and unforeseen circumstances. 1.4. Withdrawal, Intermission, or Exclusion after 14 Days (by Finance Team): Any withdrawal, intermission, or exclusion after 14 days will result in the following fee charges:; ; Postgraduate Programmes:; From 14 days to the end of Semester 1: 33% of fees; From the start of Semester 2 to the end of Semester 2: 66% of fees; From the start of Semester 3 to the end of Semester 3: 100% of fees; ; Undergraduate Programmes:; From 14 days to the end of Semester 1: 50% of fees; From the start of Semester 2 to the end of Semester 2: 100% of fees; In all cases, the terms of the contract will apply. International students must pay either their deposit or the relevant fee listed above, whichever is higher, unless the 'Refund of Deposit for International Students if Contract Cancelled within 14 Days' rules apply; This policy ensures clarity and fairness in fee charges when students withdraw, take intermissions, or are excluded after the initial 14-day period, aligning with contractual obligations and protecting the institution’s financial stability. SECTION 2: Disruption of Study Continuity Following Programme Closure or Suspension ------------------ 2.1. Priority 1: Commitment to Student Education and Programme Continuity (by Academic Board): The School prioritises students' education and success. It will provide full support to help students complete their programme of study. As detailed in the Student Protection Plan and the Programme Closure, Suspension, and Change Policy, if a decision is made to close a programme and cease admissions, the School will strive to teach current students through to the end of their programme; This approach ensures that students receive consistent support and complete their studies as planned, even if the programme is being closed or altered, maintaining the School's commitment to educational quality and student success. 2.2. Priority 2: Student transfer (by Academic Board): If the School is unable to complete the programme for students, it will assist them in transferring to a suitable programme at another UK higher education institution. Enrolled students are expected to take reasonable steps to address their situation, following the advice provided by the School; This policy ensures that students have a pathway to continue their education if their current programme is discontinued, while encouraging them to actively manage their transition in accordance with the School’s guidance. 2.3. Last Resort: Refund and Compensation for Unacceptable Alternative Studies (by Academic Board): If transferring to alternative studies elsewhere is not feasible or acceptable, or if the alternative incurs additional costs (such as extra tuition fees, maintenance, accommodation, or travel expenses), affected students may claim a refund and/or compensation; This policy provides financial redress for students who face unacceptable alternatives or extra costs due to programme changes, ensuring they are not unfairly burdened by additional expenses. SECTION 3: Claims for Breach of Contractual Obligations ------------------ 3.1. Refunds and Compensation for Contractual Failures (by Executive Committee): If the School fails to meet its contractual obligations in the following areas, it may provide refunds and/or compensation:; Material breach of contract, such as failing to ensure the continuity of study; Failure to deliver key elements of the programme specification as described at the time of admission; Failure to meet specific commitments made to the student regarding programme delivery; Extended disruption without adequate corrective measures, affecting the student's ability to achieve the programme's learning outcomes; Liability sections in the relevant School contracts will apply; This policy ensures that students are compensated if the School does not uphold its contractual obligations, maintaining their right to a consistent and fair educational experience. 3.2. Procedure for Claiming Refunds and Compensation (by Students): Students must first follow the School's Student Complaints Procedure before making a claim for a refund or compensation under this Policy. If a complaint is upheld, the School will attempt to resolve it through corrective actions, goodwill gestures, or alternative learning methods. Refunds and financial compensation are considered only as a last resort; This procedure ensures that all complaints are addressed appropriately and resolved through non-financial means where possible, reflecting the School’s commitment to effective problem-solving before resorting to SECTION 4: Evaluation of Claims ------------------ 4.1. Review Process for Student Claims (by Executive Committee): Upon receiving a student claim, the Executive Committee will meet to decide on the remedy by assessing:; The applicable law; School accountability; Student accountability; Impact on the student; The final decision will be made based on these assessments, ensuring a reasonable, proportionate, and transparent process; This approach ensures that decisions are made fairly and transparently, taking into account all relevant factors to provide an appropriate remedy for the student’s claim. 4.2. Assessment of School Accountability for Claims (by Executive Committee): In deciding on a remedy for each claim, the Executive Committee will assess the School’s accountability by considering:; Whether the School failed to meet its contractual obligations; Whether the School failed to meet specific commitments made regarding the programme’s delivery; Whether the School did not deliver material elements agreed upon at the time of the offer; Whether the School adhered to its procedures for programme delivery, including quality assurance and communication with students; Whether prolonged disruption, without adequate corrective measures, compromised the School's ability to provide a fair opportunity for students to achieve the programme’s learning outcomes; Whether the School clearly and consistently communicated with the student about disruptions beyond their control, including any changes and their potential impacts; This assessment ensures that all aspects of the School’s responsibilities are reviewed comprehensively, guaranteeing that decisions are made based on a thorough understanding of the School's adherence to its commitments and procedures. 4.3. Assessment of Student Accountability for Claims (by Executive Committee): In deciding on a remedy for each claim, the Executive Committee will assess the student’s accountability by considering:; Whether the student has taken reasonable steps to minimise their losses; What actions the student has taken (or not taken) to reduce financial loss or mitigate the impact of programme closure or disruptions; Whether the student has unreasonably refused a suitable or reasonable alternative that was available; Whether the student has unreasonably rejected a reasonable offer of financial compensation; Whether any delays in resolving the matter were partly due to the student’s actions; Whether the student’s own actions have contributed to their current situation; This assessment ensures that the student’s own responsibility and actions are fairly considered, helping to determine the appropriate remedy while accounting for any factors within the student’s control. 4.4. Assessment of Impact on the Student (by Executive Committee): In evaluating each claim, the Executive Committee will consider the following aspects of impact on the student:; Direct Expenses; Has the student experienced a demonstrable loss?; What direct financial losses has the student incurred as a result?; What additional costs did the student face due to their enrolment in the original programme?; What expenses would have been avoided if the student had not enrolled?; Indirect Expenses; What fees or charges for materials or equipment became redundant?; What unforeseen commuting or travel expenses arose due to changes in course location or timing?; What penalties or lost deposits did the student incur from changes in living or study arrangements?; What non-refundable payments did the student make to external entities, such as accommodation or transportation?; Were any childcare arrangements made in anticipation of the course schedule that became redundant?; Academic Outcomes; How has the student’s overall academic experience been affected by these changes?; What specific learning outcomes did the student fail to achieve?; Has the student encountered challenges in maintaining continuity of study?; Has the student experienced academic delays or extensions due to these disruptions?; Lost Opportunities and Income; Did the student miss out on scholarships, grants, or funding opportunities because of the incident?; Did the student have to forgo internships, placements, or practical experiences?; Were there disruptions to the student’s work-study or part-time job commitments?; Did the situation hinder the student’s ability to accept job offers or other opportunities?; Mitigations; To what extent did the School’s actions, such as assisting with transfers, result in financial implications for the student?; What value did the student gain from the programme that could offset the costs?; What benefits and opportunities did the School or its partners provide that could offset the costs?; This comprehensive assessment ensures that all relevant impacts on the student are considered, including financial, academic, and personal effects, to determine a fair and appropriate remedy. SECTION 5: Outcome of Claims ------------------ 5.1. Individual Assessment of Claims (by Executive Committee): Each case will be assessed individually by the School, considering the specific circumstances of the affected student. The assessment will include:; Individual accountability and actions; Actual impact experienced by the student; The School will not use a standard formula for refunds or compensation, as the impact of failing to preserve continuity of study varies by student. The Executive Committee will ensure consistency by adhering to the decision-making principles outlined in this Policy, while also considering relevant laws, regulatory advice, and sector best practices; This approach ensures that refunds and compensation are tailored to each student’s unique situation, rather than applying a one-size-fits-all solution. This individualised assessment upholds fairness and aligns with legal and regulatory standards. 5.2. Response and Remedies for Upheld Claims (by Executive Committee): If a student claim is upheld under this Policy, the School will provide a written response within 15 working days. The response will include a proposed remedy, which may involve one or more of the following:; No Action Required: If no damage was suffered or existing arrangements have resolved the issue; Repetition of Services: The student may receive the School’s services again to an acceptable standard; Refund: Tuition fees will be refunded for services not delivered by the School; Compensation: Compensation will be offered for evidenced financial losses (e.g., travel costs, additional tuition fees, or lost time) resulting directly from the School's failure to meet its obligations; Compensation plans will follow sector best practices and the guidelines of the Office of the Independent Adjudicator (OIA). The proposed remedy will serve as full and final settlement for all claims related to the same issue; This approach ensures timely and clear communication of the remedy, tailored to the specific impact on the student. It aligns with best practices and regulatory standards to provide fair and effective resolution of claims. SECTION 6: Disbursement of Refunds and Compensation ------------------ 6.1. Authorisation of Remedy Payments (by President): The President must authorise all payments under this policy. Payments will be made to from agreed bank account(s) based on the President’s delegated authority to the Executive Committee. Relevant bodies, including the Student Loans Company (SLC), will be notified of any commitments; This ensures that all payments are properly authorised and that all relevant parties are informed of financial commitments, maintaining transparency and compliance with external regulations. 6.2. Refund Payment Procedure (by Finance Team): Approved refunds will be issued using the same method and to the same account as the original payment. If fees were paid by another organisation, such as a sponsor or student loan provider, the refund will be directed to that organisation in accordance with relevant external regulations; This ensures that refunds are processed consistently and in compliance with external regulations where applicable. 6.3. Compensation Payment Method (by Finance Team): Compensation will be paid directly to the student via BACS or another suitable payment method; This ensures the compensation is transferred securely and efficiently to the student. 6.4. Refund and Compensation Payment Timing (by Finance Team): All refunds and compensation payments will be processed within 14 days of School approval; This timeframe ensures prompt reimbursement and compensation to students, maintaining fairness and efficiency.