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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I would like to seek legal advice on university related

Resolved Question:

Hi I would like to seek legal advice on university related aspect for my nephew, who is currently in 2nd year of Uni and I think his Uni is unfairly treating him. They have asked him to repeat 2nd year which will be absolutely devastating and an expensive affair (given that he is an international student and the fees are much higher). I can share more details on the records and the reasons why I do believe that this is a lapse on Uni part if you let me know that's an area where I could possibly get assistance from you
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

On what basis is he being asked to repeat a year? Has he failed exams?

Customer: replied 1 year ago.
In his 1st sem he was unable to clear 2 non core papers (marks 33 & 34) and in the 2nd sem he was unable to clear 1 core & I non core module. He was then given an option to resit for 2 modules of which 1 was the core module and was asked to select 1 non core module (out of 3 which he had failed) to reappear for the exam in Aug. In the final results he has cleared the core module but has not been able to clear non core module and scored 36 in that. In his student record, he has been granted 15 credits (for all the 7 out of 8 modules) and has been given a 0 against the non core module which he has failed. 15x7 equals 105 - which is a calculation error.
Additionally my nephew had also appealed for special consideration highlighting medical condition. And he did submit substantial proof and documents to the Uni (which they have acknowledged the receipt) highlighting his condition.Below is the summary of his final result:
Total Credits Earned 75
Part Average 40.8
Outcome You are required to repeat the year as if for the first time as a result of Special Considerations.He went and consulted with his student services union and they verified all the documents & case and have advised us to appeal based on medical grounds as well as error on University part.
Wanted to get your views on what are the chances given all of the above that he will be allowed to progress further to next year.
Customer: replied 1 year ago.
Have attached his marks and the final results for your consideration.
Expert:  Jamie-Law replied 1 year ago.

Ok - you need to appeal to the University who will consider the complaint.

If its held against him then he can complain to the Ombudsman. They can also consider complaints and are free, independent and can examine your complaint at: http://www.oiahe.org.uk/

You can also consider a Judicial Review, this is where a High Court examines the decision to see if it was legal and reasonable. A Court can either agree with the decision or send it back to the University to re-consider.

For more information on that process see:

https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdf

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
But what is your view given the mark sheet and current circumstances. Do you think the University will allow a progression or have him repeat the year based on the marks description I shared with you earlier.
Expert:  Jamie-Law replied 1 year ago.

It is possible, but that is why you need to Appeal and go to the Ombudsman.

Based on what you have said, it is arguable.

Does that clarify?

Customer: replied 1 year ago.
Apologies I am asking this question again. you being a legal expert do you think we have a substantial ground and our appeal to progress him to next year will be considered by the Uni.also can you pls clarify if the ombudsman complaint can be lodge simultaneously or do I need to wait for the appeal outcome
Expert:  Jamie-Law replied 1 year ago.

Yes I think you have grounds. No the Ombudsman will only consider the complaint once the University has ruled

Does that clarify?

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