This is a complex area, and whilst we cannot provide legal advice, it’s important you understand when your contract with the applicant is formed. This will ensure you can comply with the CMA’s advice.
Our recommendation is that the applicant contract is formed when the provider accepts the applicant’s choice of its course in Track. This will ensure all parties are clear when the 14-day ‘cooling-off’ period begins, and maintains the integrity of the information held in UCAS’ systems.
It’s important to make the applicant aware of when the contract is formed. All staff at your university or college should also be aware of this, and it should be included as part of any Clearing training for temporary employees.
For further advice, please read the Supporting Professionalism in Admissions (SPA) Considerations for Confirmation and Clearing and, if in doubt, consult a senior manager or seek legal advice.
The CMA’s advice is equally applicable in Clearing (see section 4.44-4.46), so before the applicant contract is entered into, the following should be provided:
- Material and pre-contract information about a course, including its structure and fees, and full terms and conditions – flagging any that are particularly surprising or otherwise important.
- ‘Right to cancel’ information, including a cancellation form. Applicants entering into ‘distance contracts’ have the right to change their minds about offers accepted during Clearing up to 14 days after accepting them, or longer if there is a delay in you providing this information. They may contact you to request a release into Clearing or a withdrawal as a result of this.
Track should be used to record the decision in the first instance, but to fulfil your legal requirements, you should send confirmation of the applicant contract separately, including all material and pre-contract information, in a durable medium.
In giving information and advice to applicants during Confirmation and Clearing, we will play our part in ensuring they understand and can exercise their consumer rights. Any information and advice we give applicants wanting to change their applications or be released into Clearing, will be given on the basis of the information held in our systems.
This diagram explains UCAS' approach to the applicant contract in Clearing.
If you have any queries about UCAS Clearing and consumer protection issues, please contact your relationship manager.