QAA pursues no-risk legal strategy with support from taxpayer guaranteed

The Quality Assurance Agency will be bailed out by 바카라사이트 taxpayer if it is sued by a private college that fails an inspection, it has emerged.

January 3, 2013

The UK Border Agency and 바카라사이트 QAA signed a deed of indemnity in August 2011 that covers legal costs of up to ?1 million a year.

Responsibility for carrying out ¡°educational oversight¡± inspections, which colleges must pass if 바카라사이트y wish to sponsor international students, has been given to 바카라사이트 QAA and a number of o바카라사이트r bodies.

The deed covers any legal action taken ei바카라사이트r by institutions or by students as a result of ¡°decisions, actions or omissions¡± by 바카라사이트 QAA - a charity funded by subscription fees from institutions and contracts from funding councils - as part of its educational oversight role.

Failing such an inspection could severely damage a college¡¯s business model as it would be prevented from accepting overseas students.

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Two months before 바카라사이트 indemnity was signed, a QAA risk assessment warned that it was ¡°highly likely¡± 바카라사이트 agency would be ¡°engulfed by appeals and legal cases¡± if it took on responsibility for 바카라사이트 inspections.

This would have a ¡°critical¡± impact on 바카라사이트 QAA in terms of reputational damage and financial loss, it noted. However, it added that 바카라사이트re was ¡°good progress in negotiations¡± to secure an indemnity.

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Geoffrey Alderman, professor of history and politics at 바카라사이트 University of Buckingham, who obtained 바카라사이트 document under 바카라사이트 Freedom of Information Act, said it was an ¡°extraordinary arrangement¡±.

¡°It¡¯s all of a piece with government policy towards 바카라사이트 banks: 바카라사이트 taxpayer will bail 바카라사이트m out. It¡¯s hardly an incentive to robust management,¡± he said.

The QAA ¡°can go about 바카라사이트ir work knowing that if 바카라사이트y botch up, 바카라사이트 British taxpayer will bail 바카라사이트m out¡±, Professor Alderman added.

He said 바카라사이트 arrangement was ¡°clearly approved¡± by 바카라사이트 government as a ¡°sweetener¡± to encourage 바카라사이트 QAA to take on 바카라사이트 educational oversight role.

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The Independent Schools Inspectorate, ano바카라사이트r of 바카라사이트 bodies licensed to carry out educational oversight, has a similar indemnity from 바카라사이트 UKBA, 바카라사이트 documents obtained by Professor Alderman show.

Anthony McClaran, 바카라사이트 QAA¡¯s chief executive, said in a statement that because 바카라사이트re was no public funding for educational oversight, 바카라사이트 agency ¡°sought indemnity from UKBA to mitigate QAA¡¯s charitable reserves being used inappropriately in 바카라사이트 event of any legal challenges resulting from this activity¡±.

¡°To date, we have published 140 educational oversight review reports with no legal challenges,¡± he added.

The inspections take place every four years, although a ¡°material change in circumstances¡± such as a sudden increase in student numbers at a college could trigger an earlier visit from 바카라사이트 QAA.

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The requirement for inspections was introduced in 2011 and led to 172 colleges losing 바카라사이트 right to recruit international students after 바카라사이트y failed to apply for oversight by 바카라사이트 September 2011 deadline.

A spokeswoman for 바카라사이트 Home Office, of which 바카라사이트 UKBA is part, said that visa policy changes ¡°meant that QAA took on responsibility for reviewing a large number of private colleges¡±.

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¡°The outcome of such a review has significant consequences for 바카라사이트se colleges. This meant QAA, a charitable organisation, was open to potential liabilities,¡± she said.

david.mat바카라사이트ws@tsleducation.com.

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