Student’s ‘appalling’ experience prompts call for Wales-only regulator

Martin Shipton

A disabled student has called for the establishment of an independent higher education regulator for Wales following what she describes as appalling treatment by a university in England.

Lei Davies of Cardiff was studying at the University of the West of England (UWE) for a CertHE in Environmental Science in June 2025 when she says she was constructively dismissed from her course while in hospital with suspected sepsis.

The OIA (the Office of the Independent Adjudicator for Higher Education, which regulates universities in both England and Wales) later ruled this exclusion was unreasonable.

Ms Davies said: “I had just two pieces of work left to submit before achieving a First Class CertHE and progressing to an integrated MRes/PhD with supervisors who share my research interests in environmental restoration in Wales.

I already hold a BSc in Psychology and Criminology and pursued this as a career change with enthusiasm.

“I was excluded shortly after raising a complaint about failures to make reasonable adjustments, special category data breaches and the scapegoating and bullying of academic staff.

My health deteriorated significantly during this period, leading to multiple hospitalisations. The stress and retraumatisation caused by UWE’s conduct were documented by medical professionals as the cause of the deterioration in my health.

“Because of UWE’s conduct, I was blocked from my planned MRes/PhD and had to undertake an MSc in Environmental Toxicology and Pollution Monitoring by distance learning at Ulster University.

It is the only course related to my research interests that I was able to enrol on without the CertHE showing aptitude in Environmental Science.

“Ulster has been exceptional, the complete opposite of UWE. I am achieving high distinctions (grades of 93%, 87%, and 90% so far), but I am not receiving the mentoring I would have had with my UWE supervisors. I have no lab access, and no field work experience. This puts me at a significant disadvantage for future PhD applications. I am also unable to replicate my planned research project, which focused on legacy pollution sites in Wales, including Brofiscin [a disused quarry near Llantrisant used as an illegal toxic waste dump].

“UWE has effectively blocked me from doing positive environmental work for Wales, taken Welsh public funds (over £9,000 in tuition fees alone), and refused to refund Student Finance Wales without unlawful conditions attached. They refuse to rectify these issues. The only offers of compensation they have made require me to accept being labelled ‘vexatious’ (a label the OIA ruled was unreasonable and unsupported by evidence), sign an NDA (banned by their own Board of Governors in November 2025), waive my data protection and Equality Act rights, and accept a lifetime ban from the university.

“As a Cardiff-born Welsh student, resident in Wales and funded by Student Finance Wales during my time at UWE, I am perplexed as to why Wales uses the English OIA regulator rather than having its own independent ombudsman. Scotland and Northern Ireland both have their own.

“I also question the integrity of the Medr regulator set up by the previous Welsh Labour government, when UWE’s Board (which includes Medr’s Chair Professor Julie Lydon) is overseeing this conduct.”

Accountability

Ms Davies argues that her experience reflects wider problems in the way universities handle complaints and accountability.

She said: “What I have documented over two years is not isolated misconduct. It is a set of interlocking policies and procedures that collectively contain, deflect and neutralise complaints while protecting the institution at senior levels. I have mapped this in detail and shared it with other families affected by similar institutional conduct.

“Although I have concerns about universities being granted more data sharing rights over this loop as I believe the loop I have been stuck in the last couple of years is the heart of the issue along with there being no independent oversight or regulatory action when things go wrong. It may be worth pointing out that students are not protected in the same way as employees who can engage in Employment Tribunals and not face costs orders. Students have to take matters to the County Court and face significant costs, delay tactics and trauma.”

Ms Davies said that In May 2026, UWE disclosed her most sensitive medical records in a Subject Access Request response, including intimate clinical photographs of her breasts and detailed medical records.

She had requested specific categories of data: case management records, internal notes, and student conduct files. She did not request the return of her own OIA evidence bundle. Despite this, UWE included this highly sensitive material without warning her.

She said: “When I couldn’t access the files due to Microsoft permissions requirements and a request to accept I ‘trust UWE Bristol’ to access my own data, I asked for them to be sent as password-protected PDFs. UWE gave the Students’ Union CEO unrestricted access to the entire folder containing these intimate images and trauma records. At no point was I warned what was in the files. At no point did I authorise a third party to access intimate photographs of my body or my private medical records.

“This breach occurred despite my entire complaint being about unauthorised sharing of my medical data.”

Vexatious

Ms Davies also alleged that UWE repeatedly used the “vexatious” label in response to her complaints.

She said: “My Stage 2 complaint was dismissed as vexatious in June 2025.

“The OIA Justified Decision in November 2025 explicitly ruled that UWE’s characterisation of my complaint as vexatious was unreasonable and unsupported by evidence. Despite this clear finding, UWE’s solicitors sent me a letter in February 2026, before the OIA-mandated reconsideration process had even begun, pre-emptively threatening to label me vexatious again.

“Evidence I have acquired since the vexatious allegations demonstrates this was not a vexatious disclosure. If I was only after compensation, I would have accepted any of their three settlement offers and I would not have de-instructed my solicitor who valued my claim at the high end of the mid to high Vento band.”

When an employee brings a successful discrimination claim to an employment tribunal in England or Wales, one of the key elements of compensation is an award for “injury to feelings”. This reflects the emotional impact of unlawful discrimination, harassment or victimisation. To assist tribunals in assessing this element of damages, a set of guidelines known as the Vento bands is used. Named after the Court of Appeal decision in Vento v Chief Constable of West Yorkshire Police, these bands provide a structured range of compensation for non‑financial harm and are regularly updated to reflect economic conditions.

Ms Davies added: “UWE amended their Reasonable Adjustments Policy during a live compliance process, removing consent language that affected thousands of students. I hold three versions with metadata confirming the changes.”

‘Supportive’

A spokesperson for UWE Bristol said: “The university is committed to creating a supportive and inclusive environment where every student feels valued and can get the most out of their time at university. We take every student complaint seriously and follow a robust complaints procedure. If a student is unhappy with the outcome, they can refer their complaint to the Office of the Independent Adjudicator for Higher Education (OIA) which provides an independent scheme for the review of student complaints, as this student did.

“We have attempted to resolve this complaint cooperatively with the student on a number of occasions following her decision not to complete her studies, including complying with the OIA’s recommendation that the university should reconsider the student’s complaint and this is ongoing. It would not be appropriate to comment further given that the matter remains under consideration by UWE Bristol and the OIA.

“Our Disability Service supports all students who identify as disabled, providing practical support, advice and reasonable adjustments so every student can fulfil their academic potential while studying with us.

“Members of the university’s Board of Governors have no jurisdiction over individual student complaints.”

Reasonable adjustments

Nation.Cymru has seen correspondence showing that Ms Davies withdrew citing failures to make reasonable adjustments. UWE’s own administration processed the withdrawal on health grounds, not as a voluntary departure.

UWE provided a completion of procedures letter on May 22 refusing to consider the complaint further.

A spokesperson for Medr said: “Medr’s board has experienced, expert representation from across the tertiary sector, including many still active in education, business and civic life. This allows the decisions we take to get the input, scrutiny and consideration needed to have the best possible impact on learners and communities across Wales.

“A register of interests for public appointees is published on the Medr website in the usual way.”