MS, Minister for Further and
Higher Education: The tertiary sector in Wales consistently works
to offer learners the best possible experience. I want to
recognise the excellent efforts of our providers and the
achievements of learners within this sector. The positive
experiences enjoyed by the vast majority learners reflects the
commitment and professionalism seen throughout Wales.
It is nevertheless important to acknowledge that, on occasion,
issues may arise which give learners grounds for complaint. It is
therefore essential all learners are aware of the appropriate
mechanisms for raising complaints, and, where matters cannot be
resolved locally, learners have recourse to an independent body
for further consideration.
The Office of the Independent Adjudicator (OIA) is the designated
operator of the student complaint scheme. Currently, the
OIA only review unresolved complaints from higher education
learners. As detailed in the Explanatory Memorandum for the
Tertiary Education and Research (Wales) Act 2022 (‘the 2022
Act'), provision is included within the 2022 Act enabling the
scope of this scheme to be extended to include individuals
studying further education courses and those undertaking
apprenticeships.
Section 128 of the 2022 Act amends section 11 of the Higher
Education Act 2004, enabling Welsh Ministers to make regulations
specifying additional qualifying providers for the OIA scheme.
Section 128 comes into force on 1 April 2026 through the Tertiary
Education and Research (Wales) Act 2022 (Commencement No. 7,
Transitory and Transitional Provisions and Savings) Order 2026
which I made earlier this month.
This development extends the opportunity for recourse to more
learners and represents a significant learner benefit not
currently afforded to further education learners and apprentices.
I firmly believe it will help to drive a more transparent,
consistent, and equitable approach to complaints handling within
the Welsh tertiary education sector.
Today, I have written to further education providers and
independent training providers setting out the intended approach
and timescale for implementing this change in Wales. A
consultation is planned for Autumn 2026, with the intention that
regulations will come into force in August 2027. It is
anticipated that the OIA will begin accepting complaints from
further education learners and apprentices from 1 September 2027.
Feedback from key stakeholders has helped shape the approach and
timescale for implementation. The OIA will receive support to
undertake preparatory activity ahead of implementation. This will
include work with further education and apprenticeship providers,
as well as engagement with learners and their parents/carers to
ensure complaint procedures are fully accessible and meet the
needs of all learners.
The financial implications for providers arising from this
extension are currently under careful review as part of the wider
implementation strategy. However, final decisions regarding this
must appropriately rest with the incoming government closer to
implementation.
