Complaint and Appeal Policy

Policy Owner: Associate Dean 

Contact Officer: Compliance Manager 

Policy Number: QACP 05 

Approved by: Senior Management, ACBT 

Date Approved: 12/11/2020 

Next Revision on: 12/11/2021 

Related Forms:

● Student AdmissionsComplaint Form
● Appeal of Final Results Form
● Complaints and Appeals Request Form

1.Introduction 

This policy has been developed to ensure all current and prospective students of Middlesex and ACBT are  given access to free, effective and fair complaints resolution and appeals processes. ACBT is committed  to provide a high quality experience for each students and encourage them to inform where any cause  for concern. Therefore, this policy enable students to make complains and appeals where needed.  

This policy has been developed in line with requirements set out in the Middlesex University and align  with the Office of the Independent Adjudicator’s (OIAs) “Good practice framework for handling  complaints and academic appeals’ available at;  

https://www.oiahe.org.uk/resources-and-publications/good-practice-framework/

2.Organisational Scope 

● ACBT ensures the confidentiality of complaints and appeals. Information released only to those  who needs it for the purpose of investigating or responding to the complaint or academic appeal.  ∙ Any current or prospective student of MDX or ACBT who experience incorrect, inappropriate or  unfair treatment in the course of their relationship with acbt is entitled to access the complaints  and appeals process set out in this policy. 

● Any appeal or compliant at any stage of the admission process, which questions the grounds for  rejection, will not be considered. Only points of procedure or implementation of policy can be  appealed.  

● Grievances experienced by ACBT staff are to be dealt with according to the terms set out in the  ACBT contract.  

● ACBT may not able to communicate with a third party with respect to an applicant’s individual  circumstance, unless there is no written consent.  

● ACBT will not respond to any of anonymous complaints.

3.Policy Content 

Academic Appeals

The Academic Appeals process is for matters which related to: 

● Assessment and results
● Student progress
● Conferral of Awards

         If at any point, a student becomes dissatisfied in relation to the above, they should commence stage one  (Academic) complaints procedures which are explained below. 

● Complainants who require assistance with preparing a written complaint or appeal may contact  the ACBT Course Coordinator or Student Counsellor for support.  

● ACBT/MDX students have access to a 4 stage complaints and appeals process as following; 

Stage One (Academic) – Informal 

The first step is direct communication between complainant and the lecturer (or respondent) to discuss  their point of view and attempt to resolve the Problem. The complainant should communicate the matter  to relevant staff member in writing (via email) within 15 working days of results being issued, by lodging  the Appel of Final Results Form.  

Stage Two (Academic) – Formal Academic Appeal Process 

If, after undertaking Stage One, or in situations where Stage One is not possible, the complainant should  lodge their appeal in writing (using the Appeal of Final Results form). Students who require help in  preparing a written complaint may contact the Student Counsellor for assistance. The form should be  submitted to the Programme Coordinatoer stated within 15 working days of the issue becoming known.  Within a further five working days, the Course Coordinator will explain the course of action to be taken and  possible outcomes of the appeal. 

  ● To avoid any conflict of interest, where the Module Leader or Lead Internal Verifier has been  involved at the informal stage, the matter must be referred to an independent and appropriate  academic staff member to carry out Stage Two. 

 ● Within 15 working days of receipt of academic appeal, the nominee will provide the outcome of  this review to both complainant and lecturer (or respondent) in writing. 

Stage Three (Academic) – Appeals Committee 

Where the complaint is unsatisfied with the outcome of the stage two and believes that: 

● They did not have enough opportunity to present their case to the decision-maker; or  ∙ The process was not carried out in accordance with MDX/ ACBT policy or procedures; or

● The decision was made contrary to the evidence provided;  

The complainant can lodge a written statement of their complaint to the Academic Appeals Committee/  Academic Board. This statement should be lodge within 10 working days of receiving the written  notification of the outcome of stage two negotiations.  

NOTE: Any Stage Three Appeal must be based on the failure to comply with the process. A complainant  cannot lodge a complaint to the Appeals Committee on the basis that he/she disagrees with the  professional assessment of two academic staff. 

The Appeals Committee consisting of the Principal, Associate Dean, Head of the Programme, and one  other independent Staff Member (or their nominees), will consider the complaint within 10 working days  of receipt. The Committee may ask either the complainant or respondent (or both) to present their case  in person to the Committee. All parties will be advised of the outcome in writing. 

To avoid any conflict of interest, where a Head of the Programme has been responsible for the decision  being appealed or has been involved in the outcome of Stage One or Two, they must nominate another  senior staff member to stand in their place on the Appeals Committee. 

Stage Four – Appeal from MDX or Pearson 

Where the complainant is not satisfied with the outcome of Stage Three and believes that: 

● they did not have enough opportunity to present their case to the decision-maker; or

● the process was not carried out in accordance with MDX/ ACBT policy or procedures; or

● the decision was made contrary to the evidence provided; 

MDX students can appeal against a decision made by and Middlesex Assessment board or Programme  Progression Board and further information can be found at  https://unihub.mdx.ac.uk/study/assessment/appeals 

Appeals against a decision made by Pearson will normally be accepted only through the Head of Centre (on  behalf of learners and/ or members and/ or staff) and from individual members (in respect of a decision taken against them personally). Further information on appeals can be found in the JCQ Appeals booklet  (https://www.jcq.org.uk/exams-office/appeals). 

General (Non-Academic) Complaints 

The General Complaints process is for matters which relate to; 

● Customer Service and administration 

● Refusing admission to a course or cancellation of enrollment 

● Marketing – related information or incorrect advice given by an education agent  ∙ Course or provider transfers 

● Facilities

● Fee payments, fee refunds and finance related matters 

● Welfare 

If at any point, a complaint becomes aggrieved, they should commence Stage One complaints procedure  as outlined in this policy.  

Complaint who require assistance with preparing a written complaint or appeal may contact the Course  Coordinator for support.  

Stage One (Non-Academic) – Informal

The first step is direct communication between the complainant and respondent to allow both parties  to discuss their point of view and attempt to resolve the problem. A complainant should communicate  the matter in writing to the relevant staff member within 15 working days of becoming aware of the  problem by emailing to info@acbt.lk.  

The complainant is entitled to request and receive from the respondent a written response giving  reasons and full explanation for decisions and actions taken within 10 working days.  

Stage Two (Non-Academic) – Formal Complaints Process

If, after undertaking Stage One, or in situations where Stage One is not possible, the complainant should  lodge the complaint in writing by lodging a Complaints and Appeals Request (Formal) Form within 15  working days of the complaint issue becoming known. The complainant is invited to make an  appointment to speak with the relevant officer to present their case in person.  

Students who require help in preparing a written complaint may contact the Course Coordinator for  assistance. The form should be submitted to the Marketing Manager and he/she will discuss options with  the complainant to resolve the matter. 

To avoid any conflict of interest, where the Marketing Manager has been involved at the informal stage,  the matter must be referred to an independent and appropriate staff member to carry out Stage Two. 

Within 10 working days of receipt of the complaint, the Manager-Student Services (or nominee) will  provide in writing the outcome to both complainant and respondent.

Stage Three (Non-Academic) – Appeals Committee

Where the complainant is not satisfied with the outcome of Stage Two and believes that: 

● they did not have enough opportunity to present their case to the decision-maker; or

● the process was not carried out in accordance with MDX/ACBT policy or procedures; or

● the decision was made contrary to the evidence provided; 

The complainant can lodge a written statement of their complaint to the College Director/Principal. This  statement should be lodged within 10 working days of receiving the written notification of the outcome of Stage Two negotiations. 

The Appeals Committee consisting of three independent Directors/Senior Managers (or their nominees)  will consider the complaint within 10 working days of receipt. The Committee may ask either the  complainant or respondent (or both) to present their case in person to the Committee. All parties will be  advised of the outcome in writing.

Stage Four – External Agencies 

Where the complainant is not satisfied with the outcome of the Stage Three and believes that at:

● they did not have enough opportunity to present their case to the decision-maker ; or

● the process was not carried out in accordance with ACBT/MDX policy or procedures; or

● the decision was made contrary to the evidence provided; 

They may request that the matter to be referred to ACBT’s nominated independent appeals  reviewer within 10 working days: 

Independent reviewer can be reached through e mail ganeshamoorthy@yahoo.com 

The independent reviewer will review the processes (not the decision) undertaken in the case, seeking  input from all parties before making recommendations to ACBT within 15 working days.

6. Administrative procedures 

● The relevant ACBT forms can be collected from Students Records Division or a form request can  be made at ACBT Reception. Records of all complaints and appeals will be kept for a period of  five years. These records will be filed in student files and listed in a separate Complaints  Register. These records will be under the responsibility of Manager of Student Services &  Partnerships. 

● Any recommendations for process improvement or policy change arising out of any stage of the  complaints and appeals process will be forwarded the Senior Management team for recording and consideration. 

● This policy and related procedures will be communicated to staff via email, staff newsletter and  ongoing staff information sessions. New staff will receive policy information during the  induction process. 

● Students are advised of their rights/obligations through their Orientation Pack the Student  Handbook and the ACBT website. 

● Recommendations arising from any external review of the Complaints and Appeals Policyor  procedures should be implemented within 90 days of notification.