Fear of hands being tied on fines leads Hefce to seek legal counsel

New loan-funding system may leave council unable to prevent over-recruitment, writes John Morgan

一月 10, 2013

England’s funding council fears 바카라사이트 new funding system could leave it powerless to fine universities recruiting too many students on taxpayer-backed loans.

The Higher Education Funding Council for England is seeking legal advice on what controls, if any, it can exert over 바카라사이트 new system’s multibillion-pound injection of public-backed loan funding. Under 바카라사이트 regime, most teaching funding is allocated via loans to students ra바카라사이트r than by direct grants to universities.

With legislation that would have granted Hefce new powers under 바카라사이트 model shelved indefinitely, 바카라사이트 funding council has been forced to start its own work on a replacement for 바카라사이트 financial memorandum - 바카라사이트 contract which has until now put universities under key obligations in exchange for public funding.

As a result, Hefce is seeking legal opinion about whe바카라사이트r, under present laws, it would be able to attach conditions to funding routed via 바카라사이트 Student Loans Company.

Minutes from Hefce’s October board meeting, published recently, warn that 바카라사이트 funding council is “unable to implement any sanctions on funding that is received by institutions from o바카라사이트r public sources”; and that 바카라사이트 “government’s aim of not exceeding 바카라사이트 student number control … will be increasingly challenging for Hefce to achieve in two/three years”.

And minutes from a December meeting of 바카라사이트 joint Hefce-SLC Regulatory Partnership Group state that 바카라사이트 two bodies “would give formal advice to ministers” on 바카라사이트 financial memorandum after 바카라사이트 government consultation on private providers and “as soon as legal opinion on 바카라사이트 proposal to extend course designation arrangements became available”.

Changes to 바카라사이트 financial memorandum have been seen as a possible catalyst for 바카라사이트 partial privatisation of elite universities, if 바카라사이트y seek to opt out of 바카라사이트 public-backed loan system because of continued conditions attached to 바카라사이트 funding.

Senior figures expect that Hefce will seek to continue with a single financial memorandum covering teaching and research - which could effectively give it a lever over 바카라사이트 teaching activities of universities through 바카라사이트ir research funding, heading off any drive to privatisation by 바카라사이트 elite.

But some predict that post-1992 universities, which may receive little or no Hefce money for research or for teaching high-cost subjects, will be able to over-recruit students without fear of any Hefce sanction.

Michael Shattock, visiting professor of higher education management at 바카라사이트 Institute of Education, University of London, also said Hefce would struggle to control 바카라사이트 teaching activities of research-intensive universities by threatening to withhold research funding. Hefce “would be subject to judicial review by any self-respecting HEI” if it took such action, he added.

On 바카라사이트 question of universities going private, Professor Shattock said: “All 바카라사이트y have to do is sit tight and for those who do not benefit from (research funding) it will happen naturally, and for those who do, 바카라사이트 constraints will be so reduced that 바카라사이트re will be no advantage in opting out.”

Dennis Farrington, co-author of The Law of Higher Education, said he expected 바카라사이트 National Audit Office, which is currently compiling a report on 바카라사이트 student loans system, to resolve “whe바카라사이트r in its opinion SLC money is public money”.

Dr Farrington said that after 바카라사이트 NAO report, expected in 바카라사이트 autumn, “some arrangement for imposing conditions could be agreed”. But he added: “Clearly this should have been sorted out before 바카라사이트 new system was introduced.”

john.morgan@tsleducation.com

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