Menu
The Malta Further and Higher Education Authority (“MFHEA”) has announced the introduction of a revised Higher Education Appeals Policy and Procedure, which will come into force on 15th September 2026. Appeals submitted on or after that date will be governed by the new framework, whilst appeals filed before then will continue to be processed under the procedure that was applicable at the time of submission.
The changes form part of the MFHEA’s ongoing efforts to enhance its quality assurance framework, strengthen regulatory transparency, and align its processes more closely with the European Standards and Guidelines for Quality Assurance in the European Higher Education Area (ESG). The revisions also address recommendations arising from the recent review conducted by the European Association for Quality Assurance in Higher Education (ENQA).
A clearer and more structured approach to appeals
One of the key developments is the introduction of a clearer distinction between:
This distinction is intended to provide greater certainty regarding the appropriate appeal route and the grounds upon which a decision may be challenged.
The revised framework also introduces more detailed procedural requirements and appeal grounds, providing institutions with clearer guidance on when an appeal may be appropriate and how it should be pursued. Depending on the nature of the decision under review, appeal grounds may include:
The MFHEA has also clarified the distinction between complaints and appeals. Complaints relating to the MFHEA’s services or operations will continue to be dealt with under the Authority’s complaints procedure, whereas appeals will be limited to challenges against formal decisions issued by the MFHEA.
Enhanced Independence and Transparency
The revised procedure places a stronger emphasis on fairness and independence throughout the appeals process.
Among the key changes are enhanced conflict-of-interest safeguards applicable to members of the Independent Appeals Committee and additional measures intended to reinforce confidence in the impartiality of appeal determinations.
Another important development is the introduction of a formal admissibility stage. Before an appeal proceeds to a substantive review, it will first undergo a preliminary assessment by the Independent Appeals Committee. This means that institutions will need to ensure that appeals are carefully prepared, properly substantiated, and fully compliant with procedural requirements from the outset.
What does this mean for providers?
For licensed higher education providers, the changes are intended to provide a more predictable and transparent appeals framework. Providers considering an appeal will benefit from clearer procedures, defined grounds of appeal and greater certainty regarding how appeals will be assessed.
The revised framework also places greater emphasis on the quality and completeness of an institution’s original submissions. In appeals concerning quality assurance outcomes, the Independent Appeals Committee will generally consider only the evidence that was available at the time of the relevant accreditation or review process. Post-review improvements, corrective measures and documentation that was not previously submitted may be disregarded when determining the merits of an appeal.
Providers should therefore be mindful that the appeals process is unlikely to provide an opportunity to remedy deficiencies or introduce new supporting material after an accreditation decision has been issued. The revised framework highlights the importance of ensuring that accreditation submissions and supporting documentation are comprehensive and robust from the outset.
Transparency is further strengthened through the publication of the Committee’s final reports. This will provide institutions with greater visibility into how appeal decisions are reached and how the relevant criteria are applied in practice.
Although decisions of the Independent Appeals Committee will remain final within the MFHEA framework, educational institutions will continue to retain the right to pursue any remedies that may be available before the Maltese courts.
As the new procedure takes effect on 15th September 2026, higher education providers may wish to review their internal compliance and quality assurance procedures to ensure they are well positioned to respond to any future MFHEA decisions.
Our team regularly advises educational institutions on licensing, accreditation, regulatory compliance and administrative law matters. Should you require assistance in relation to an MFHEA decision or appeal, please do not hesitate to contact us.