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The Adjudicator Decides

The adjudicator will send you their determination in a written decision

Once the adjudicator has determined the outcome of the contractual or financial dispute, they have to write this down in a decision. They first send out a proposed decision and then after people have commented on this, their decision is finalised. This section explains the two steps in this process for the independent person making a decision by adjudication and what could happen as a result of the adjudicators decision.

The Decision

There is a two step process for the independent person making a decision by adjudication.

Proposed decision

Before the adjudicator makes their final decision, they will write a "Proposed Decision". This will also include the reasons for the proposed decision. This proposed decision will be given to the learner and the provider and everyone will have 10 working days to make any further submissions.

Final decision

After considering any further submissions, the adjudicator will make a final decision and this will be provided to the learner and provider.

Possible outcomes

There are a number of possible outcomes of Listen – Decide. For example the adjudicator might decide:

  • that some (or all) of the matters in dispute are not contractual or financial and therefore they do not have jurisdiction to decide the outcome of the dispute,

  • that some (or all) of the matters in dispute are not covered by the scheme for some other reason,

  • that no further action is required.

  • that further action is required by the provider by way of remedy to the student including acknowledgement and apology, payment, non-monetary redress, or any other action.

  • to recommend that the provider establish rules, bylaws, or policies that are aimed at preventing the conduct that gave rise to the dispute.