consultation on the office for students regulatory framework - susan lapworth
TRANSCRIPT
Consultation on the Office for Students regulatory framework
Susan Lapworth
Director of Regulation and Assurance
26 October 2017
Regulating in the student interest
Objectives of the regulatory framework
• students are supported to access, succeed in, and progress from, higher education
• students receive a high quality academic experience, and their qualifications hold their value over time in line with sector-recognised standards
• students have their interests as consumers protected while they study, including in the event of provider, campus, or course closure
• students receive value for money
Regulating the market and individual providers
Ensuring that the market works effectively to promote choice for students
• Student choice and information: TEF
• Removing barriers for high quality new providers: market entry and DAPs
• Space for innovation: accelerated courses, grant funding, championing issues
Regulating individual providers
• the Register
• initial and ongoing conditions of registration
• risk assessment and monitoring
• interventions
The Register
Category Grant funding Student support Tier 4 licence DAPs and UT
Approved (fee cap) Yes: eligible for T and R funding
Yes: higher fee amount with fee cap
Yes Yes
Approved No Yes: lower fee amount with no fee cap
Yes Yes
Basic No No No No
Initial and ongoing conditions of registration
Designed to mitigate the risks to delivery of the four objectives
Expressed as outcomes rather than processes
High minimum baseline
For example:
• Access and participation
• Quality and standards
• Financial viability and sustainability
• Governance and management
• Value for money
• Student contracts and student protection
Public interest governance condition
Governing documents to be consistent with public interest principles:
• Academic freedom and freedom of speech
• Accountability
• Risk management
• Governing body
• Academic governance
• Fit and proper
Adequate and effective arrangements to ensure compliance with governing documents
Arrangements to be appropriate for size, complexity and risk
Risk assessment
Does the provider meet the initial conditions of registration?
What is the risk of it breaching the ongoing conditions of registration in future?
• Probability of a breech?
• Potential severity of its impact?
Increased risk may result in:
• specific conditions of registration and/or
• increased monitoring
Monitoring in proportion to risk assessment
For low risk providers
• Lead indicators
• Reportable events
• Other intelligence – whistleblowing
For increased risk, as above plus
• More frequent and/or intensive engagement and monitoring
Revisit risk assessment on basis of monitoring
Interventions
Specific conditions
Enhanced monitoring
For an actual breach of conditions there are sanctions:
• Monetary penalties
• Refusal to approve an access and participation plan
• Suspension of registration
• Revocation of DAPs and UT
• Deregistration
Timeline
22 December 2017 Consultation closes
January 2018 OfS is legally formed
January-March 2018 OfS considers consultation responses
March 2018 OfS publishes final regulatory framework, detailed guidance and requirements for registration process
April 2018 Application system for registration opens
By mid-Sept 2018 Decisions on applications are made and published on the Register
What should you be thinking about?
What help do you need to understand the implications of the new approach?
All providers are required to register from April 2018, regardless of current regulatory status
• In which category do you want to register?
• How will you demonstrate that you meet the public interest governance condition?
Compliance vs opportunity
