Is there a need for an Education and Training Ombud?
South Africa needs an integrated and articulated education and training system so that learners at all ages and stages of life can access and progress in their studies, and their learning and work pathways. The White Paper for Post-School Education and Training (2013) states that:
“In developing and supporting an articulated post-school education and training system, institutions should make every effort to avoid unfair barriers to acceptance and credit transfer. Students also need somewhere to turn when they feel they have unfairly been denied access, or when credit has been unfairly not recognised. This role could be played by SAQA as part of its function in promoting articulation”
This blog has been set up to gather public opinion:
• Do you think there is a need for an Education and Training Ombud?
• What could the functions of this Ombud be?
• Where should this Ombud be located?
• What would the benefits and risks of having an Ombud for Education and Training be?
The blog will run from 7-25 March 2016, and will be moderated by SAQA staff and staff from JET Education Services.
Working in the media space, I am exposed to a huge amount of Learners who have been misled by a training provider and are still awaiting their qualifications. These learners don't know where to do, and the SETAs are understaffed so who is there to help them?
ReplyDeleteThis is a common theme emerging from the research that is currently underway. Do you think an "education and training ombud" is the way to resolve this? Should it be SAQA? Or perhaps another existing body, such as the Public Protector? Perhaps a completely new body?
DeleteThe post specifically mentions programme entrance requirements and CAT/RPL.
ReplyDeleteIn Higher Education the CHE considers these two issues as part of programme accreditation. Surely it makes sense to deal any disputes there - otherwise a three-way conversation (student, institution, CHE) becomes a four-way conversation (+ ombud). Some student complaints are directed through the DHET call center (whose approach is different from the CHE!). Who then gets the final say on a matter that ultimately rests on the application of CHE-approved institutional policy?
Good point. Existing appeals processes should always be the first port of call. Only when these are exhausted an ombud could play a role. Of course you may be of the view that there is no need for an additional process? Let's hear from others as well.
DeleteClick and download National Policy for Assessment http://www.saqa.org.za/docs/pol/2015/National%20Policy%20for%20Assessment.pdf
ReplyDeleteThis could be amazing. There are many sectors that successfully utilize this important mediator function. (Banking and Insurance is one that really does their job well) We have an Ombudsmen website and association in South Africa ( http://ombudsman.ombudsmen.co.za/find-an-ombudsman/) I see the role being the same as all others. Pop on over to read all the ins and outs of what they do. Taken from their website:
ReplyDeleteAn Ombudsman (conventional English plural: ombudsmen) is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing the broad scope of constituent interests. An indigenous Danish, Norwegian, and Swedish term, Ombudsman is etymologically rooted in the Old Norse wordumbuðsmann, essentially meaning "representative". An ombudsman is an official, usually appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens.
So my questions are:
Yes we do need a body that is able to be an unbiased mediator but what will it regulate? Training service providers? Material Developers? Learners? SETAS? Thus, who will the Ombud regulate and which unbiased party's will be given the task to do so?
It does not really matter where they are located because this is pretty much a remote function.
The benefits for Education and Training would be enormous but HOW and WHO benefits all depends on what I ask in number 1.
This conversation needs far more time to be commented on. I think that there needs to be an extension for commentary.
Thanks Tass for your useful inputs. We will consider extending the period for comments to allow for more inputs.
DeleteIf this would assist private providers with SETA non-performance, then definitely!
ReplyDeleteThis is an important point. The scope of an ombud will have to be clearly defined, making the scope too wide may make it obsolete?
DeleteYes, this is why we need to clearly define which areas are actually receiving the most complaints. Perhaps multiple education Ombudsman are needed? SETA's are just ONE of the many areas that require some body to be responsible to.
Deleteyes definatley as the DHET to whom you report matters to at the moment are most the time so difficult to contact and they don't seem to to take the SETA's to task on their non conformances. late payments, poor quality control and poor service delivery is an on going problem, no matter how many times a new CEO or COO is appointed.
ReplyDeleteNoted, thank you
DeleteIt will most definitely assist in addressing injustices in the education and training sector and it will also provide a platform where checks and balances on the performance of SETAs, how they service their constituencies
ReplyDeleteIt can add value, because the broader public don't know how the education system function, and they also don't know of all the processes and channels that is put in place by SAQA for assistance
ReplyDeleteIt can add value, because the broader public don't know how the education system function, and they also don't know of all the processes and channels that is put in place by SAQA for assistance
ReplyDeleteIf the Ombud will assist private providers with the non-performance of SETA's, it will be great!
ReplyDeleteI agree that such an office be established. I am currently managing a student ombudsman office at my institution. We are unable to address cases of non-registered people who are still seeking admission and registration because of our policy limitations to only registered students. Hopefully a national policy through SAQA would be determined on how institutions should deal with certain queries of access which falls outside current university policies.
ReplyDeleteThanks, you are somebody we need to talk to. Please email me at james@jet.org.za so that we can follow up with you if you are comfortable to do so.
Delete1. The Ombudsman would be the referee when it comes to disputes relating to 'policies and practices' in the skills development space. At the moment the SETAs develop their own policies (that I believe are not comprehensive enough to give guidance to anyone; not even to the SETAs themselves; that the Seta ETQAs for example can interpret and apply as it suits them; they are also referees in disputes arising out of their policies and practices).
ReplyDelete2. There is no structure in this space that can adjudicate on the fairness or otherwise of the SETA ETQA's Policies and Practices. If one has a query regarding the policies or practices, one still has to refer to the SETA ETQA who would escalate the matter to her immediate superior who is the QA Manager.
If your query is not addresses adequately, as it is bound to be, by the ETQA and her Manager, there is nowhere else to go??
I collided with this blog while searching the SAQA site for what used to be called "ETQAs/SETAs Contact Lists. It just happens that I spent some time on the NQF/SAQA portal trying to establish if there is anything like a Skills Development Ombudsman or some such structure.
ReplyDeleteI personally felt the need for an ombudsman in this space where practitioners can refer the questionable policies and practices of ETDAs and SETAs in general.
I support the idea. It will be very helpful, especially setting up the national standards or guideline on how institutions should manage students and public complaints about access and other relevant education and training matters.
ReplyDeleteHi James
ReplyDeleteThis would be a great idea. I do not know who would be best suited to manage the process. I suppose it is the responsibility of Umalusi to do this.
The post-schools training arena has had its fair share of fly-by-night companies. The problem with these companies is that they are denying people form what is probably their last chance to a decent education. The sector needs to be cleaned up and someone needs to take responsibility for this.
The roles could include:
• Verifying the accreditation claimed by these companies.
• Verifying that the SETA’s accreditation process is sound. Companies that receive accreditation/programme approval are not delivering to standard.
The benefits would be to clean up the sector. The risk would that we would all be under scrutiny of the Ombud, but that is not a bad thing.
*We need an ombudsman to protect free state education available to all. The education industry is one of our biggest and most important exports and is not protected by solid governance
ReplyDelete*Governments shouldn't be educators. They should set policy to ensure kids have access to education but not provide it. That's because they're poor at it and why non government schools consistently blitz public schools on vritually every measure. Its not about money its about ethos, values and the fact that schools that love kids and value them will walk over a government bureaucracy every day.
Recommend privatising all schools and a voucher system to ensure kids have access.
Dear James,
ReplyDeleteI fully support the proposal of establishing an Ombud function for the post schooling sector, one that straddles both the private and public sector . Apart from creating a mediating platform for dealing with unresolved institutional processes, I wish to table the following elements as critical and very necessary pieces of action is such a role is to be effective:
1. Implementing a national RPL / CAT campaign to make citizens aware of their rights to access and navigate seamlessly across the post-schooling system. This should be done jointly with the Universities SA, DHET and CHE to signal a cohesive and intentional approach.
2. The office should be supported by a systemic monitoring and reporting function to highlight patterns of success, resistances and recommend policy alignment improvement actions.
3. Although RPL is an existing policy imperative, I am not aware that the DHET Enrolment Planning processes have set RPL targets in HET? I have not kept up to date with the Umalusi and SETA processes in this regard.
4. With regard to location ? given the regulatory and advisory roles of SAQA and the CHE , a shared but independent civil society space and platform would be my preferred option. NADEOSA had some time
ago toyed with this idea of advancing equity and transformation .
Thanks for this and all the other constructive comments. We will certainly take these into account as we complete the research.
DeleteI agree that an ombudsman is urgently required because at the institution I'm working at, we deal with a lot of foreign National applicants who wants to study but due to SAQA delaying the outcome of their SAQA certificate they don't get accepted on time, which delays the Medical aid and study permit not be granted on time and if they don't have a SAQA certificate or Study permit or Medical aid, then the institution can't assist them before the closing date or registrations.
ReplyDeleteWhy is it that SAQA only assist Foreign national applicants or evaluate qualifications that was done abroad? If you have a certificate and it's has a SAQA ID, who is suppose to assist you, SETA, HESA or SAQA? When you do speak to SAQA they refer you to SETA and SETA refers you back to SAQA because the qualification has an SAQA ID.
Why is it when you pay the normal evaluation fees or "application fee" your application will be processed within the normal time frame but if you pay more, for an example R1000 your application is processed within 24hrs? I'm not saying they are taking bribes but do you see where I'm going at? Some of these applicants are coming from poor back-rounds or poor countries or they are in SA as a refugee or an asylum seeker, studying on a Bursary and the bursary will only accept them when the Institution accepts so that money that needs to be paid for the application fee comes from their own pockets.
There are so many problems that these people deal with and there is nothing we can do for them but refer them back to SAQA. So yes, I fully support that SAQA needs an Ombudsman or as Tass explains it as an representative department and I truly hope that these kind of problems can be resolved and not be ignored.
You raise many useful points. The roles and responsibilities are a key issue that needs to be clarified and better communicated. This will in itself reduce the need for appeals.
DeleteI think that PAJA requires that anyone who has had an administrative decision that is unfavourable is entitled to at least an explanation. In current circumstances within the educational sector, particularly tertiary ed as that is what I am familiar with, it is important that not only are students treated fairly but that justice be seen to be done. Unfortunately in my experience educators are no better than others in wanting to justify whatever decision they have made and a truly unbiased second opinion is often not sought. So yes, an ombud would be great.
ReplyDeleteBUT: not only must justice be done, it must be done quickly as otherwise a full year at a critical stage could be lost if not an opportunity that will never again present itself. So there will be peak periods. I propose hiring retired academics and academic administrators for three months a year or on an ad hoc basis.
Great Idea re hiring private people to do this.
DeleteThanks Prof Alexander, valid points that will be taken into account
DeleteJames
ReplyDeleteIn many regards, there seems to be a commonality of concerns about poor SETA performance in certain sectors. I feel sure that SAQA and the three quality councils (CHE, QCTO and Umalusi) have a mandate to ensure propriety but often do not seems to be willing to undertake that role, for whatever reason.
I would be concerned if an additional level of bureaucracy was created as I do not see the need. However, there is a need for effective performance management and an appeals process at the highest level which I suggest is a role that should be performed within SAQA.
Regards
Dave
Thanks Dave, we need to be careful to distinguish between performance issues that need to be managed through existing processes, and the need to protect students. The role of SAQA and QCs in relation to the SETAs must also be clearly articulated. What do others think?
DeleteDear James
ReplyDeleteThis is a discussion we had on Skills Universe just before the last general elections as I contacted the DA’s shadow minister for higher education in this regards – sadly she never replied on the follow-up emails send after the national assembly reconvened and this is where the matter stayed buried.
Given the diversity of the EDTP landscape and scope of role-players, having an Ombudsman is in my opinion an necessity but this has become even more of an necessity as an outcry over poor service delivery and in especially on the part of the various SETAs, that was duly appointed and created to promote the facilitation of skills development but have been plagued by mismanagement, misadministration and misinterpretation of their respective mandates. Without addressing as a matter of urgency the service delivery issues with the various SETAs all the Ombudsman or re-enforcement department of the Office of the Ombudsman will do is being inundated with SETA related complaints. As far as the proposed transfer of Skills Development Levies to the National Skills Fund, I’m not so sure this is the solution to the problem or shifting the redtape from one (state) department to the next.
Another issue that comes to mind is the lack of communication on the part of the QCTO, compared with the communication from SAQA at the time of implementing the Unit Standard base framework this is another problem waiting to become another national crisis.
With our previous discussion on the matter I have suggested looking at the FSB as sample / guideline given that they needed to overcome some of the same challenges insofar as integrating the various stakeholders, develop a mechanism for compliance etc. Although I don’t think the system they have put in place is perfect or fool proof by any means, for the better part have definitely succeeded in making the financial services sector more professional and assessable.
As SAQA is the custodian of the NQF, and have proven to not only have the leadership capacity (for that we applaud you Mr Samuels, but unfortunately from a business point we will always expect more from the visionaries) SAQA would be best suited to formulate and implement a project of this magnitude and scope from a capacity point of view. I would suggest looking as a starting point perhaps on perhaps rolling this out on provincial level.
However the outcome, let me thank you and the rest of the SAQA team for taking the initiative and time to investigate the feasibility of such a proposed Office.
Thank you David for this contribution. We are aware of the earlier debate on the Skills Portal. I also agree that the time is right to take on this issue in a very concrete manner. We will make sure SAQA is aware of these contributions.
DeleteI think it is a good idea. There is no harm in introducing measures that will enhance our education system to be fair and just to all people irrespective of socioecnomic backgrounds.
ReplyDeleteDo you think there is a need for an Education and Training Ombud?
ReplyDeleteNo. I do not think so as all universities and alike has systems in place to recognise previous learning or transfer of credits. There are university rules, policies (RPL etc. ) in place to ensure that no student is penalised. There are also laws and policies in place that govern these. There are also too many differences within and between institutions that would make an ombuds job almost impossible.
• What could the functions of this Ombud be?
If there is such an ombud to make a recommendation to the said party without any enforcement as this would impact on the integrity of the educational provider.
• Where should this Ombud be located?
If one looks at practicality every student has certain channels to follow. So within a province, but I stay with my view that an provider will be able to deal with such a matter under the guidance of the registrar. That is what they are there for.
• What would the benefits and risks of having an Ombud for Education and Training be?Every university has a system of governing that adhere to many requirements as stipulated.
Thanks Johan, you bring a new perspective on the discussion that SAQA will have to carefully consider. We are interviewing HEIs that have this facility in place, as it will be important to avoid duplication of functions. Anybody else from HE that has a view on this?
DeleteI fully subscribe to an ombudsman to ensure fairness and representivity within the education and training sector. There is currently too much discrimination occurring, and reverse apartheid when it comes to the affording of bursaries, teaching positions and inclusion in programmes to deserving individuals. Carol Sutcliffe 17 March.
ReplyDeleteThanks Carol, input appreciated
DeleteThe implementation of the office of an ombudsman seems a lot like a sought solution to fix a system that doesn't provide the services needed. IMHO it would be more effective to ask why these services aren't provided.
ReplyDeleteThere are a number of regulating offices/functions in place already. DHET, CHE, SAQA as well as SETA's and all the others. Depending on the area of HE the names and abbreviations of these bodies may change but in general there are a huge number of offices already involved.
On the side of the institution there is a certain system of protocols and procedures (approved as part of the accreditation process) and there is student representation on various levels. In case of "malpractice" (felt or real) any of these are or should be approachable. If they are not ... an additional level of an ombudsman will certainly not change that.
In terms of those that do not (yet) have access to HE ... Wouldn't it be within the economic interest of the institutions to register as many students as possible? If they don't then either there is an issue with paperwork (which the ombudsman can't rule on) or with the administrative capacity of the institution (which the ombudsman can also not rule on). Cases where access is denied based on race, gender, etc. the ombudsman will have to refer back to DHET and or the constitution anyway.
As to those who have registered with a dubious institution or one that is NOT registered and accredited ... the ombudsman would not have any authority over those as they ignore government regulations anyway. Students who did register with these ... should have checked the SAQA databases, the CHE/DHET registers of PHEI's and all the other freely available documentation which is already out there. So how would an ombudsman solve this particular problem?
This, sadly is the bottom line: We do NOT need more offices or levels of bureaucracy ... we need the existing ones to work. The entire Higher Education landscape is being revamped in a project that should have run from 2009 to 2015. Many rules and regulations have been changed back and forth and we are nowhere near the end of changing goalposts. How will an ombudsman keep up with the various ways hundreds of institutions have tried to keep up with and implement these changes in the last 6 years alone? I have yet to find a single person within DHET, CHE or SAQA that can competently explain all aspects as they relate to my particular institution. How do we expect an ombudsman (or -men) to be able to competently advise on what should have happened in even a single case?
It seems that we can't trust those who do these respective jobs to do them correctly ... so we go and appoint more people to watch over those who should have a genuine (financial) interest in doing their jobs? What will the motivation of the ombudsman be? How do we avoid bribery in that area? How do we ensure/enforce a standard high enough to matter if we can't ensure/enforce those standards with those who are already involved?
Apologies for the "rant and rave" but pent up frustrations with the system tend to burst out on occasions such as these.
I am fully aware that not every officer within the mentioned institutions is the same and that blanket accusations result in blanket retaliation or at least resentment. And yet, in my humble opinion, implementation of an ombudsman is addressing a symptom but not the root problem.
Thanks for a really honest refection. What we have must work, I think we will all agree with you. But even then, there are times when an independent and neutral "arbitrator" may be necessary. Think of some first world countries where most systems do work, even then do they use the ombud function when needed. Perhaps other people want to add?
DeleteThe SAQA is primarily responsible for the upliftment of standards and quality in local organizations by simply ensuring that the workforce is suitably trained and skilled and qualified to generate outcomes/products of higher quality and standard. South Africans finally get the value they rightfully deserve. The assessment process accredited by SAQA is a powerful mechanism for ruling out injustices and malpractices in all organizations in the country. By simply assessing the qualifications of employees, suitably qualified personel will assume their respective positions. In the case of student advocacy, universities currently have career guidance councilors in place. So too should employment institute have suitably qualified and trained Human Resource Practicioners who will abide by their career obligations and standards. Under no circumstance will a recuitment agent blatantly display discrimination or rejection even if the candidate profile did not match the job specification. This would fall under a human rights violation and can be taken up legally. An ombudsman seems to be an effective solution, however does not address the root cause. SAQA has encouraged and fascilitated effective training of the ASSESSOR. The value of this has undiscovered magnitude. By assessing employees of every organization (both private and goverment sectors) to identify shortfalls (such as skills gap, no suitable qualication for practice, ineffective trainer or supervisor, poor training structure...) the quality and standard of every organization including the employed personel will improve and ultimately so will service delivery. Assessments need to be carried out in every departmemt, from HR who are responsible for recruiting candidates to managers who are responsible to mentor and uplift employees to trainers who are responsible teach and enlighten employees on good practices and policies. The guarentee of effective and efficient service delivery,lies in properly trained and effectively managed employees.It it therfore of vital importance that Managers, Trainers and Quality Assurance personel of every organization are competant to occupy their key positions in an organization. This will naturally set the standards for the employees to maintain. The SAQA should broaden the scope and practice of assessors, companies should welcome this review as it is a service of a South African initiative to assess and improve workplace performance,simply by assessing training and management efficiency. This enforces the obligation of the employer to establish a properly structured organization to mutual benefit him and the employee and together add to the profitability of the organization. Service delivery, improves without effort thereafter. The South African citizen can then enjoy the value and respect they rightfully deserve.
ReplyDeleteYour points on the importance of assessors in the workplace is well made, but can you elaborate on the potential role of an ombud? Do you think SAQA can play this role when discrimination regarding appointments take place? Is this not too a broad mandate?
ReplyDeleteHow does this work when some universities have Ombudsman?
ReplyDeleteSecondly, the matter of credit transfer at a university is not an automatic assessment of outcomes or length of modules - it relates to the syllabi/the NQF level/etc etc. This is best dealt with by the University concerned. Within the university there are already appeal structures.
Yes, we need to be careful to avoid duplication with the universities. I also agree with your point on the first exhausting existing appeal structures. Thanks for the contribution. Do others agree?
ReplyDelete