by GR Evans
A change of government has not changed the government’s power to intrude upon the autonomy of providers of higher education, which is constrained chiefly by its being limited to the financial. Government can also issue guidance to the regulator, the Office for Students, and that guidance may be detailed. Recent exchanges give a flavour of the kind of control which politicians may seek, but this may be at odds with the current statutory framework.
As Secretary of State for Education, Gillian Keegan sent a Letter of Guidance to the Office for Students on 4 April 2024. She stated her priorities, first that ‘students pursue HE studies that enable them to progress into employment, thereby benefitting them as well as the wider economy’. She also thought it ‘important to provide students with different high-quality pathways in HE, notably through higher technical qualifications (HTQs), and degree apprenticeships’ at Levels 4 and 5. These ‘alternatives to three-year degrees’, she said, ‘provide valuable opportunities to progress up the ladder of opportunity’. As a condition of funding providers were to ‘build capacity’ with ‘eligible learners on Level 4 and 5 qualifications via a formula allocation’. The new Higher Technical Qualifications were to attract ‘an uplift within this formula for learners on HTQ courses’. ‘World leading specialist providers’ were to be encouraged and funded ‘up to a limit’ of £58.1m for FY24/25.
The change of Government in July 2024 brought a new Secretary of State in the person of Bridget Phillipson but no fresh Letter of Guidance before she spoke in the Commons in a Higher Education debate on 4 November, 2024. Recognising that many universities were in dire financial straits, she suggested that there should be ‘reform’ in exchange for a rise in tuition fees for undergraduates which had just been announced. That, she suggested, would be needed to ensure that universities would be ‘there for them to attend’ in future.
However, commentators quickly pointed out that Phillipson’s announcement that there would be a small rise in undergraduate tuition fees from £9,250 to £9,535 a year would not be anywhere near enough to fill the gap in higher education funding. The resulting risks were recognised. When the Office for Students reviewed the Financial sustainability of higher education providers in England in 2024 in May 2024 it had looked at the ‘risks relating to student recruitment’ by providers in relation to the income from their tuition fees.
Phillipson was ‘determined to reform the sector’. She called for ‘tough decisions to restore stability to higher education, to fix the foundations and to deliver change’ with a key role for Government. Ministers across Government must work together, she said, especially the Secretary for Education and the Secretary of State for Science, Innovation and Technology in order to ‘deliver a reformed and strengthened higher education system’. This would be ‘rooted in partnership’ between the DfE, the Office for Students and UK Research and Innovation’.
“… greater work around economic growth, around spin-offs and much more besides—I will be working with my right hon. Friend the Secretary of State for Science, Innovation and Technology on precisely those questions.”
In the debate it was commented that she was ‘light on the details’ of the Government’s role’. She promised those for the future, ‘To build a higher education system fit for the challenges not just of today but of tomorrow’. She undertook to publish proposals for ‘major reform’. There were some hints at what those might include. She saw benefits in providers ‘sharing support services with other universities and colleges’. Governing bodies, she said, should be asking ‘difficult strategic questions’, given the population ‘changing patterns of learning’ of their prospective students. The ‘optimistic bias’ she believed, needed to be ‘replaced by hard-headed realism’. ‘Some institutions that may need to shrink or partner, but is a price worth paying as part of a properly funded, coherent tertiary education system.’ She saw a considerable role for Government. ‘The government has started that job – it should now finish it.’
Like her predecessor she wanted ‘courses’ to provide individual students as well as the nation with ‘an economic return’. She expected providers to ‘ensure that all students get good value for money’. Other MPs speaking in the debate pressed the same link. Vikki Slade too defined economic benefit in terms of the ‘value for money’ the individual student got for the fee paid. Laura Trott was another who wanted ‘courses’ to provide individual students as well as the nation with ‘an economic return’. Shaun Davies asked for ‘a bit more detail’ on ‘the accountability’ to which ‘these university vice-chancellors’ were to be held in delivering ‘teaching contact time, helping vulnerable students and ensuring that universities play a huge part in the wider communities of the towns and cities in which they are anchor institutions’.
Government enforcement sits uncomfortably with the autonomy of higher education providers insisted on by the 2017 Higher Education and Research Act. This Act created the Office for Students as ‘a non-departmental public body’, ‘accountable to Parliament’ and receiving ‘guidance on strategic priorities from the Department for Education’. Its ‘operations are independent of government’, but its ‘guidance’ to providers as Regulator is also heavily restricted at s.2 (5) which prevents intrusion on teaching and research. That guidance may not relate to ‘particular parts of courses of study’; ‘the content of such courses’; ’the manner in which they are taught, supervised or assessed’; ‘the criteria for the selection, appointment or dismissal of academic staff, or how they are applied’; or ‘the criteria for the admission of students, or how they are applied’.
This leaves the Office for Students responsible only for monitoring the financial sustainability of higher education providers ‘to identify those that may be exposed to material financial risks’. Again its powers of enforcement are limited. If it finds such a case it ‘works with’ the provider in a manner respecting its autonomy, namely ‘to understand and assess the extent of the issues’ and seek to help.
Listed in providers’ annual Financial Statements may be a number of sources of funding to which universities may look. These chiefly aim to fund research rather than teaching and include: grants and contracts for research projects; investment income; donations and endowments. The Government has a funding relationship with Research England within UKRI (UK Research and Innovation). UKRI is another Government-funded non-departmental public body, though it is subject to some Government policy shifts in the scale of the funding it provides through the Department for Science, Innovation and Technology.
Donations and endowments may come with conditions attached by the funder, limiting them for example to named scholarships or professorships or specific new buildings. However they may provide a considerable degree of financial security which is not under Government control. The endowments of Oxford and Cambridge Universities are substantial. Those made separately for their Colleges. may be very large, partly as a result of the growth in value of land given to them centuries ago. Oxford University has endowments of £1.3 billion and its colleges taken together have endowments of £5.06 billion. Cambridge University has a published endowment of £2.47 billion, though Cambridge’s Statement for the Knowledge Exchange Framework puts ‘the university’s endowment ‘at nearly £6 billion’. Cambridge’s richest College, Trinity, declares endowments of £2.19 billion.
The big city universities created at the end of the nineteenth century are far less well-endowed. Birmingham had an endowment of £142.5 million in 2023, Bristol of £86 million. Of the twentieth and twenty-first century foundations, Oxford Brookes University notes donations and endowments of £385,000 and Anglia Ruskin University of £335,300. The private ‘alternative’ providers of higher multiplying in recent decades have tended to have a variety of business and commercial partnerships supporting their funding. Categories of funding provided by such gifting remain independent of Government interference.
The Review of Post-18 Education and Funding (May 2019) chaired by Philip Augur stated ‘Principles’ including that ‘organisations providing education and training must be accountable for the public subsidy they receive’, and that ‘Government has a responsibility to ensure that its investment in tertiary education is appropriately spent and directed’. ‘Universities must do more to raise their impact beyond their gates’, Phillipson said, so as ‘to drive the growth that this country sorely needs’ including by ‘joining with Skills England, employers and partners in further education to deliver the skills that people and businesses need’.
In the same Commons debate of 4 November Ian Roome, MP for North Devon, was confident that in his constituency ‘universities work in collaboration with FE sector institutions such as Petroc college’. Petroc College offers qualifications from Level 3 upwards, including HNCs, higher-level apprenticeships, Access to HE diplomas, foundation degrees and honours degrees (validated by the University of Plymouth) and ‘in subjects that meet the demands of industry – both locally and nationally’. Roome saw this (HC 4 November 2024) as meeting a need for ‘a viable and accessible option, particularly in rural areas such as mine, for people to access university courses?’ Phillipson took up his point, to urge such ‘collaboration between further education and higher education providers’. Shaun Davies spoke of the £300 million the Government had put into further education, ‘alongside a £300 million capital allocation’, invested in further education colleges’.
However in an article in the Guardian on 4 November 2024,Philip Augur recognised that ‘the systems used by government to finance higher and further education are very different’. ‘Universities are funded largely through fees which follow enrolments’, in the form of student loans of £9,250, now raised to £9,535. ‘Unpaid loans are written off against the Department for Education’s balance sheet’. At first that would not be visible in the full government accounts until 30 years after the loan was taken out. Government steering had become more visible following the Augur Report, with the cost of student loans being recorded ‘in the period loans are issued to students’, rather than after 30 years.
By contrast the funding of individual FE colleges is based on annual contracts from the Education and Skills Funding Agency, an executive agency of the DFE for post-18 education. They may then spend only within the terms of the contract and up to its limit. The full cost of such contracts is recorded immediately in the public accounts. This makes a flexible response to demand by FE colleges far from easy. Colleges may find they cannot afford to run even popular courses such as construction, engineering, digital, health and social care, without waiting lists for places. The HE reform Phillipson considered in return for a rise in tuition fees had no immediate place in FE.
Government funding control maintains a pragmatic but very limited means of means of giving orders to universities. This depends on regulating access to taxpayer-funded student loans. The Office for Students measures a provider’s teaching in terms of its ‘positive outcomes’. These are set out in the OfS ‘Conditions’ for its Registration, which are required to make a provider’s students eligible for loans from the Student Loans Company. Condition B3 requires that a provider’s ‘outcomes’ meet ‘numerical thresholds’ measured against ‘indicators’: whether students continue in a course after their first year of study; complete their studies and progress into managerial or professional employment.
An Independent Review of the Office for Students: Fit for the Future: Higher Education Regulation towards 2035 appeared in July 2024. The Review relies on ‘positive outcomes’ as defined by the OfS’s ‘judgement’, that ‘the outcome data for each of the indicators and split indicators are at or above the relevant numerical thresholds’. When such data are not available the OfS itself ‘otherwise judges’.
The government’s power to intrude upon the autonomy of providers of higher education continues to be constrained, but chiefly by its being limited to the financial, with many providers potentially at risk from their dependence on government permitting a level of tuition fee high enough to sustain them.
GR Evans is Emeritus Professor of Medieval Theology and Intellectual History in the University of Cambridge.
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