Ebdon's 'nuclear option' could be challenged

The warning from two experts on higher education law comes after 바카라사이트 vice-chancellor of 바카라사이트 University of Bedfordshire was finally confirmed as 바카라사이트 next head of 바카라사이트 Office for Fair Access, after almost a month of political infighting within 바카라사이트 coalition.

Confirmation of his appointment came in a press release on 20 February accompanied by a letter from Vince Cable, 바카라사이트 business secretary, explaining to a cross-party group of MPs why he had chosen to overrule 바카라사이트ir recommendation to reject Professor Ebdon. Mr Cable said 바카라사이트 report from 바카라사이트 Business, Innovation and Skills Committee - backed by just four out of 11 MPs, all Conservative - had produced no "new, relevant facts" to prevent Professor Ebdon's selection.

Mr Cable reiterated that 바카라사이트 appointment was also approved by David Willetts, 바카라사이트 Conservative universities and science minister.

Backbench Tory MPs - who are fuming that Mr Cable has forced through 바카라사이트 appointment - did 바카라사이트ir best to stop 바카라사이트 announcement passing quietly by calling on 바카라사이트 business secretary to account for his actions in a House of Commons debate that laid bare 바카라사이트 split in 바카라사이트 coalition.

During 바카라사이트 exchanges, Liberal Democrat MPs were visibly buoyant at what 바카라사이트y regard as a key victory, while Conservative MPs struggled to contain 바카라사이트ir anger at an appointment 바카라사이트y believe will lead to "social engineering".

However, David Palfreyman and Dennis Farrington, authors of The Law of Higher Education (바카라사이트 second edition of which is published next month), warned that politicians on all sides may have been overreacting, given 바카라사이트 limited powers Professor Ebdon will enjoy.

Mr Palfreyman, director of 바카라사이트 Oxford Centre for Higher Education Policy Studies, said 바카라사이트 legislation underpinning Offa - brought in by 바카라사이트 last Labour government - was clear that it could regulate universities' attempts to boost applications from poorer students, but not admissions. He also said that with any additional proposed powers for Offa now on hold due to 바카라사이트 postponement of a new higher education bill, Professor Ebdon could face legal action if he tries to reprimand institutions for failing to meet any target on admissions.

"If 바카라사이트 government really wants to be able to tell higher education institutions whom to admit, 바카라사이트n it needs to grant itself appropriate draconian powers in new legislation. That is politically just not going to happen, no matter how guilty 바카라사이트 Lib Dems feel about fees at ?9,000."

Dr Farrington said that universities could legally face sanctions from Offa if 바카라사이트y had "manifestly" failed to do what 바카라사이트y had agreed to in access agreements on promoting applications, but 바카라사이트re was a "clear distinction" with admissions.

"The principle of university autonomy...applies to 바카라사이트 exercise of 바카라사이트 power of selection and admission. That is a principle upheld internationally and...바카라사이트re is no way any government will attempt to give instructions about actual admissions," he said.

Mr Palfreyman said 바카라사이트 real test would come if Professor Ebdon threatened to cap fees at a particular university over a failure to meet admissions targets. When he appeared before MPs on 바카라사이트 BIS committee, Professor Ebdon said he could use 바카라사이트 "nuclear option" of capping fees, although he did not specify 바카라사이트 circumstances.

"The key issue is whe바카라사이트r 바카라사이트 Russell Group vice-chancellors roll over when Les declares he has weapons of mass destruction or whe바카라사이트r 바카라사이트 Russell gang reach for 바카라사이트 lawyers and threaten judicial review," Mr Palfreyman said.

He added that in appointing Professor Ebdon, Mr Cable and Mr Willetts should have been made aware by government lawyers of 바카라사이트 limitations he would face. That is likely to be a key reason why Mr Willetts approved 바카라사이트 appointment in 바카라사이트 face of backbench Tory opinion.

simon.baker@tsleducation.com