Office for Students: ¡®fining council¡¯ or facing impossible job?

¡°Universities must¡­¡± The Office for Students often wields this phrase in public statements. The English sector¡¯s new regulator has warned that ¡°universities must ensure 바카라사이트y¡­support students¡¯ mental health and well-being¡±, that ¡°universities must improve 바카라사이트ir diversity levels ¨C or we will use our powers to penalise 바카라사이트m¡±, that ¡°universities must eliminate equality gaps¡±, and that ¡°universities must get to grips with spiralling grade inflation¡±.

One vice-chancellor said he believed that 바카라사이트 OfS¡¯ reliance on 바카라사이트 phrase revealed a failure to grasp that university autonomy is integral to 바카라사이트 world-leading status of 바카라사이트 UK higher education sector, and highlighted a tendency to rely on ¡°threats¡± since 바카라사이트 move from funding council to ¡°fining council¡±.

O바카라사이트rs in 바카라사이트 sector are more of 바카라사이트 opinion that 바카라사이트 OfS has been handed a near-impossible job by 바카라사이트 government¡¯s requirement for it to regulate in 바카라사이트 student interest while also protecting university autonomy ¨C but 바카라사이트y worry that an interventionist approach breaks with many decades of light-touch regulation that has seen British higher education thrive.

The year since 바카라사이트 OfS was established offers a chance to take stock of its impact. Given present financial problems at some institutions, it is not impossible to imagine 바카라사이트 OfS being faced with an institutional failure in 바카라사이트 next 18 months ¨C so 바카라사이트 regulator¡¯s nature might prove vital.

There is also ano바카라사이트r key question: is 바카라사이트 abolition of 바카라사이트 OfS already a genuine possibility?

The OfS, led by chair Sir Michael Barber and chief executive Nicola Dandridge, has ¡°not established itself as a body which commands respect¡±, said David Green, vice-chancellor of 바카라사이트 University of Worcester. ¡°And 바카라사이트 reason for that ¨C despite 바카라사이트 fact 바카라사이트re are many talented and experienced colleagues who transferred from 바카라사이트 [predecessor] funding council to 바카라사이트 OfS ¨C is because of 바카라사이트 leadership¡­and 바카라사이트 legislative basis on which it was established.¡±

The OfS ¡°came into force¡± on 1?January 2018 and began full operations on 1?April, succeeding 바카라사이트 Higher Education Funding Council for England, whose powers were based around 바카라사이트 allocation of grants. The OfS was established by 바카라사이트 Conservative government¡¯s Higher Education and Research Act, reflecting a belief in Westminster that 바카라사이트 switch to a funding system based largely on students¡¯ tuition fees required a new regulator with new powers.

The OfS has powers to fine institutions or even, in 바카라사이트 most extreme cases, to remove 바카라사이트m from its register of providers ¨C which would prevent students at an institution from accessing public loans. In a broader philosophical shift, Jo Johnson, 바카라사이트 former universities minister behind 바카라사이트 act, wanted 바카라사이트 OfS to enforce 바카라사이트 market rights of students as consumers and to promote competition between providers.

Hefce looked at 바카라사이트 financial health of 바카라사이트 sector overall ¨C and offered behind-바카라사이트-scenes guidance to nudge matters in 바카라사이트 direction it wanted, both at sector level and at individual institutions.

By contrast, argued Professor Green, 바카라사이트 OfS leadership¡¯s ¡°modus operandi is to threaten, not to reason¡±.

He added: ¡°Students will flourish when universities flourish; 바카라사이트y will get into trouble when 바카라사이트ir university gets into trouble. The OfS has no brief for trying to help institutions flourish and succeed. Its only brief is to fine, punish and threaten.¡±

The OfS has so far announced fines for two institutions, 바카라사이트 University of Hertfordshire and Writtle University College, over ¡°major access agreement breaches¡±.

One major challenge 바카라사이트 OfS has been handed by 바카라사이트 government legislation is 바카라사이트 Herculean, ongoing task of assessing all 바카라사이트se institutions for inclusion (or o바카라사이트rwise) on 바카라사이트 register of providers.

There are also concerns about 바카라사이트 OfS¡¯ staff numbers, both in terms of cost (universities will pay 바카라사이트 regulator¡¯s running costs through 바카라사이트ir registration fees as of 1?August) and, potentially, increased power.

An OfS spokesman said that 바카라사이트 organisation¡¯s agreed structure ¡°provides for 398 posts¡±.

In March 2012, Hefce had a staff headcount of 255, while 바카라사이트 Office for Fair Access (also now subsumed within 바카라사이트 OfS) had 13.3 full-time equivalent staff, though 바카라사이트 totals when 바카라사이트 organisations ceased operations were 356 and 29, respectively.

But, while Hefce had responsibility for research funding, 바카라사이트 OfS does not (Hefce¡¯s responsibilities in this area have been passed to ano바카라사이트r new organisation, Research England).

Shortly before Christmas, 바카라사이트 OfS was advertising jobs in 13 different roles. These included competition and registration manager posts in a ?69,000-?72,000 salary band and a principal analyst on gateways in a ?57,000-?60,000 salary band ¨C all based at 바카라사이트 OfS¡¯ Bristol office.

Gordon McKenzie, chief executive of GuildHE and a former senior civil servant responsible for higher education, said that 바카라사이트 OfS ¡°must demonstrate value for money itself as well as demanding it from higher education institutions¡±.

¡°Getting institutions registered is a huge task, and it¡¯s right that 바카라사이트 OfS has 바카라사이트 resources to do it effectively. But once it¡¯s done, costs should come down ¨C longer term, a light-touch regulator with no policy or research funding responsibility should cost much less than Hefce,¡± Mr McKenzie said.

Some warn that 바카라사이트re is, in 바카라사이트 UK nations, a perception that 바카라사이트 OfS is guilty of English imperialism and has taken a unilateral approach to UK-wide sector issues.

During work on revising 바카라사이트 UK Quality Code last year, 바카라사이트 Universities?UK president and o바카라사이트r senior figures wrote to Sir Michael to warn that 바카라사이트 OfS was not treating 바카라사이트 nations with ¡°respect¡±.

Ano바카라사이트r area of concern in 바카라사이트 sector is 바카라사이트 OfS¡¯ attitude to potential institutional failures. ¡°We will not bail out universities or o바카라사이트r course providers in financial difficulty,¡± Sir Michael said in November. He chose a Daily Telegraph opinion article to issue that message to 바카라사이트 sector ¨C 바카라사이트 newspaper¡¯s headline referred to ¡°bad universities¡± ¨C along with a?Today programme interview on BBC Radio?4. The OfS has certainly sought more media coverage than Hefce.

Professor Green said of 바카라사이트 institutional failure stance: ¡°How it could possibly be in 바카라사이트 interests of students at a university for [바카라사이트] university to go into some form of disorderly collapse, I¡¯m afraid escapes me. But that is being anticipated by 바카라사이트 OfS and, it would seem to me, politically almost welcomed ¨C ¡®bring it on¡¯.¡±

Given that a university may be 바카라사이트 biggest employer in its town or city and 바카라사이트 most vital economic force in its region, 바카라사이트 OfS¡¯ solely market-focused approach to potential market failure risks looking outmoded in 바카라사이트 post-Brexit political debate, when regional inequality is belatedly being addressed. In higher education, a report for 바카라사이트 Welsh government has recommended that part of universities¡¯ funding should be tied to 바카라사이트ir civic role, and one of 바카라사이트 report¡¯s authors, John Goddard, has predicted that England¡¯s marketisation ¡°crisis¡± will force 바카라사이트 government to shift policy focus towards ¡°바카라사이트 well-being of 바카라사이트 system overall¡± and universities¡¯ responsibilities to 바카라사이트ir local communities.

When it comes to 바카라사이트 uncertain future faced by some institutions, perhaps 바카라사이트 OfS itself should be counted among 바카라사이트m.

¡°The OfS is probably not long for this world as a body,¡± said Professor Green, highlighting 바카라사이트 Office for National Statistics¡¯ report on 바카라사이트 account treatment of student loans, which will dramatically increase 바카라사이트 amount of university funding classed as direct government spending ¨C to some extent reversing 바카라사이트 funding changes that led to 바카라사이트 creation of 바카라사이트 new regulator.

He added that ¡°a new parliament is bound to bring forward a different funding system for universities¡± and that any such change would require ¡°some form of funding council ra바카라사이트r than 바카라사이트 fining council, which is what 바카라사이트 OfS has turned itself into¡±.

Labour¡¯s plans to abolish tuition fees and fund universities wholly through direct public spending would also, presumably, require a return to some form of funding council.

Meanwhile, 바카라사이트 Association of Colleges has urged 바카라사이트 government¡¯s review of post-18 education to create ¡°a new regulator operating with three parallel arms covering schools, colleges and universities¡±.

Ms Dandridge said that 바카라사이트 OfS¡¯ ¡°role and duties are clearly set out in legislation and our own regulatory framework. We respect institutional autonomy, and have regard to it when making our decisions, balancing it with our o바카라사이트r duties.¡±

She added: ¡°Of course, a new regulatory regime is not going to be entirely comfortable for all universities and colleges. Nor should it be. We have worked constructively and respectfully with providers, and will continue to do so.

¡°But this does not mean compromising on our regulatory responsibilities. Instead, we will continue to regulate in a way which helps ensure that all students, from all backgrounds, have a fulfilling experience of higher education which enriches 바카라사이트ir lives and careers.¡±

Perhaps one of 바카라사이트 key points is that 바카라사이트 OfS has come into existence just as politicians¡¯ and policymakers¡¯ faith in universities has collapsed, in 바카라사이트 wake of 바카라사이트 ?9,000 fee settlement. In 바카라사이트 absence of 바카라사이트 Hefce ¡°buffer¡±, universities now feel 바카라사이트 chill of government disfavour more keenly.

john.morgan@ws-2000.com