A CONSUMER watchdog is calling on regulators to examine evidence that students are being left open to unfair course changes as an investigation revealed four universities in Scotland use terms they consider to be in breach of consumer law.

In a UK-wide survey Which? found half (51 per cent) of universities give themselves freedom to change courses even when these alterations could have been prevented.

Of these 26 providers, or one in five of those surveyed, use terms that the watchdog consider to be unlawful and in breach of the Unfair Terms in Consumer Contracts Regulations. The institutions involved included the University of Stirling, the Queen Margaret University in Edinburgh, the University of St Andrews and Glasgow Caledonian University.

Which? said three in 10 universities also use terms that they consider to be bad practice and likely to be unlawful, including the University of Aberdeen, University of Edinburgh, and the University of the West of Scotland.

Some universities said they were in the process of conducting a review of their terms and conditions while St Andrews criticised the Which? report, describing it as a "flawed analysis".

The Which? report is drawn from 131 responses to Freedom of Information Act requests on universities' policies on making course changes after students have signed up.

It came amidst fears that some universities could be breaking consumer protection law by changing degree courses once students are already enrolled and their fees banked.

Just five per cent of universities use terms that Which? considered to be good practice, and only one university - University of York - used policies that they felt was best practice.

The report came after the Competition and Markets Authority published draft guidance on how consumer law applies to the higher education sector, including measures to ensure terms are transparent and fair.

The CMA, which replaced the Office of Fair Trading (OFT), had conducted a compliance review of the higher education sector following complaints about unexpected changes to courses after they have begun, with modules or larger elements of degrees being withdrawn or revised, or fees increasing.

Which? said it will be submitting its findings to the CMA and calling on the regulator to check if universities are complying with its guidance at the earliest possible opportunity.

The consumer watchdog said that in the meantime universities should ensure their terms are complying with the law and that the higher education sector should consider a standard, consumer-friendly format for student contracts.

Which? said the University of Stirling had unfair terms in relation to varying fees and inadequate information to assess the right to make other changes to courses. The Queen Margaret University, Glasgow Caledonian University, and University of St Andrews had unfair terms in relation to varying fees and bad practice in relation to the right to make other changes to course, Which? said.

A Which? spokesman said: "Students need to be clear up front on exactly what they are signing up to and be confident that their university will only make changes when absolutely necessary."

Which? executive director, Richard Lloyd, added: "It's worrying to see such widespread use of unfair terms in university contracts."

However, a University of St Andrews spokesman said: "With all due respect to Which, this is a fundamental example of why education is not a consumable like a washing machine or a new car.

"The whole purpose of education is to learn how to change - it's a process of evolution, courage in the face of surprise, and letting go of expectations. So a survey which is, at its heart, intolerant of change represents a flawed analysis of our world-leading HE sector.

"It is one of our unique strengths that we are able to create a learning environment that lets these things happen. Any examination which fails to celebrate these strengths, and finds only 0.8 per cent of respondents to have met its standards of best practice, must surely question the plausibility of its criteria."

A University of Stirling spokesman said: "Students are at the heart of everything we do and we are currently reviewing our standard terms and conditions to ensure they are in line with best practice."

A Glasgow Caledonian University spokeswoman said it was also reviewing matters adding: "All students and potential applicants should be reassured that we are committed to ensuring that they are treated fairly and information is presented clearly."

A QMU spokeswoman said they were also conducting a review, adding:" As the student experience is of paramount importance to us, rarely would we make a material change to a course programme without student consultation and the original programme would be honoured for students already registered on that programme."