This paper examines the processes whereby students may bring complaints against higher education institutions. It stresses that a right to redress of grievance is fundamental to the relationship between students and universities. It focuses on internal complaints procedures and discusses the findings from a survey of a representative sample of institutions of which nearly two thirds (25 in total) responded with statistical and other data on the grounds of complaint, the ethnicity and other characteristics of complainants, and the outcome of adjudications. It reveals areas of commonality and divergence in practice and raises concerns about the fairness and accessibility of the procedures. The paper also includes discussion of the process for the external adjudication of student complaints established under the Higher Education Act 2004 and the way that complaints progress to it. The paper discusses the case for reform of higher education institutions’ student complaints procedures, which are surprisingly unregulated, including the introduction of a more independent element such as ‘campus ombudsmen’.
Two separate discourses surround the involvement of parents in their children's education in schools. One is concerned with what is often referred to as ‘parent power,’ based on the conferment on parents of rights to a degree of choice and participation in respect of their children's education, a feature of legislative changes to the governance of state education that started with the Education Act 1980 and which, in part, rests on consumerist and liberal rights based notions. The other focuses on the home‐school partnership ideal in which parents and schools have obligations to support each other in realising children's potential. Labour and Conservative 2005 general election campaigns included proposals to ‘empower’ parents. But social rights such as those in education, which are important to notions of citizenship, tend to be weak. This article concludes that over the past 25 years little power has been ceded to parents, individually or collectively, and that, in the case of rights of choice at least, any further empowerment seems unrealistic. Moreover, the principal mechanism of parental involvement, particularly since 1997, has been the enforcement of parental responsibility, a form of ‘technology of citizenship’. The extent to which children hold participation and choice rights is also considered.
United Kingdom government policy to increase social security claimants' entry to the labour market through conditions attached to unemployed, sickness and incapacity benefits now includes additional measures to activate particular groups such as lone parents and drug users. The latter are a prime target because of their high level of dependency on benefits and because social security rules are seen as having the potential to modify the behaviour of individuals with a lifestyle regarded as being at odds with the moral obligations of citizenship and incompatible with the government's realization of its wider economic and social goals. There are strict procedures for the identification of drug-user claimants, enabling additional conditions to be attached to their benefit rights. This article discusses the general trend in benefit reform towards increased conditionality and evaluates the reforms affecting drug users, considering human rights and other implications. It concludes by reflecting on the status of conditional rights to social security as social rights.
The UK Government is keen to encourage the use of mediation, rather than court or tribunal, as the best means of resolving disputes between citizen and state on the grounds that legal proceedings are costly, lengthy and stressful. The policy of proportionate dispute resolution appears to be particularly applicable to the field of special educational needs (SEN), where both mediation and tribunal are available as dispute resolution mechanisms. However, evidence suggests that very little use has been made of mediation in either England or Scotland. In order to understand this phenomenon, this paper begins with investigating the dominant policy frameworks in SEN (England) and additional support needs (ASN; Scotland). Subsequently, the attitudes of English and Scottish local authority (LA) officers are explored. It is argued that both countries now have an eclectic mix of policy frameworks in play, including the traditional models of bureaucracy and professionalism, and the more recent models of managerialism, consumerism and legality. In Scotland, professionalism and bureaucracy continue to dominate, and this is associated with more restricted access to and less use of all forms of dispute resolution, in particular the tribunal
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