Category: Regulation

  • Why universities struggle to act on early warning data

    Why universities struggle to act on early warning data

    Dashboards light up with warning signals weeks into term, yet intervention often comes too late—if at all.

    Despite significant investment in learner analytics and regulatory pressure to meet an 80 per cent continuation threshold for full-time undergraduates, universities consistently struggle to act when their systems flag at-risk students.

    This implementation gap isn’t about technology or data quality. It’s an organisational challenge that exposes fundamental tensions between how universities are structured and what regulatory compliance now demands.

    The Office for Students has made its expectations clear: providers must demonstrate they are delivering positive outcomes, with thresholds of 80 per cent continuation and 75 per cent completion for full-time first degree students. Context can explain but not excuse performance below these levels. Universities are expected to identify struggling students early and intervene effectively.

    Yet most institutions remain organised around systems designed for retrospective quality assurance rather than proactive support, creating a gap between regulatory expectations and institutional capability.

    The organisational challenge of early intervention

    When analytics platforms flag students showing signs of disengagement—missed lectures, incomplete activities, limited platform interaction—institutions face an organisational challenge, not a technical one. The data arrives weeks into term, offering time for meaningful intervention. But this is precisely when universities struggle to act.

    The problem isn’t identifying risk. Modern analytics can detect concerning patterns within the first few weeks of term. The problem is organisational readiness: who has authority to act on probabilistic signals? What level of certainty justifies intervention? Which protocols govern the response? Most institutions lack clear answers, leaving staff paralysed between the imperative to support students and uncertainty about their authority to act.

    This paralysis has consequences. OfS data shows that 7.2 per cent of students are at providers where continuation rates fall below thresholds. While sector-level performance generally exceeds requirements, variation at provider and course level suggests some institutions manage early intervention better than others.

    Where regulatory pressure meets organisational resistance

    The clash between regulatory expectations and institutional reality runs deeper than resource constraints or technological limitations. Universities have developed (sometimes over centuries) around a model of academic authority that concentrates judgement at specific points: module boards, exam committees, graduation ceremonies. This architecture of late certainty served institutions well when their primary function was certifying achievement. But it’s poorly suited to an environment demanding early intervention and proactive support.

    Consider how quality assurance typically operates. Module evaluations happen after teaching concludes. External examiners review work after assessment. Progression boards meet after results are finalised. These retrospective processes align with traditional academic governance but clash with regulatory expectations for timely intervention. The Teaching Excellence Framework and B3 conditions assume institutions can support students before problems become irreversible, yet most university processes are designed to make judgements after outcomes are clear.

    The governance gap in managing uncertainty

    Early intervention operates in the realm of probability, not certainty. A student flagged by analytics might be struggling—or might be finding their feet. Acting means accepting false positives; not acting means accepting false negatives. Most institutions lack governance frameworks for managing this uncertainty.

    The regulatory environment compounds this challenge. When the OfS investigates providers with concerning outcomes, it examines what systems are in place for early identification and intervention. Universities must demonstrate they are using “all available data” to support students. But how can institutions evidence good faith efforts when their governance structures aren’t designed for decisions based on partial information?

    Some institutions have tried to force early intervention through existing structures—requiring personal tutors to act on analytics alerts or making engagement monitoring mandatory. But without addressing underlying governance issues, these initiatives often become compliance exercises rather than genuine support mechanisms. Staff comply with requirements to contact flagged students but lack clear protocols for escalation, resources for support, or authority for substantive intervention.

    Building institutional systems that bridge the gap

    Institutions successfully implementing early intervention share common organisational characteristics. They haven’t eliminated the tension between regulatory requirements and academic culture—they’ve built systems to manage it.

    Often they create explicit governance frameworks for uncertainty. Rather than pretending analytics provides certainty, they acknowledge probability and build appropriate decision-making structures. This might include intervention panels with delegated authority, clear escalation pathways, or risk-based protocols that match response to confidence levels. These frameworks document decision-making, providing audit trails that satisfy regulatory requirements while preserving professional judgement.

    They develop tiered response systems that distribute authority appropriately. Light-touch interventions (automated emails, text check-ins) require minimal authority. Structured support (study skills sessions, peer mentoring) operates through professional services. Academic interventions (module changes, assessment adjustments) involve academic staff. This graduated approach enables rapid response to early signals while reserving substantive decisions for appropriate authorities.

    And they invest in institutional infrastructure beyond technology. This includes training staff to interpret probabilistic data, developing shared vocabularies for discussing risk, and creating feedback loops to refine interventions. Successful institutions treat early intervention as an organisational capability requiring sustained development, not a technical project with an end date.

    The compliance imperative and cultural change

    As the OfS continues its assessment cycles, universities face increasing pressure to demonstrate effective early intervention. This regulatory scrutiny makes organisational readiness a compliance issue. Universities can no longer treat early intervention as optional innovation—it’s becoming core to demonstrating adequate quality assurance. Yet compliance-driven implementation rarely succeeds without cultural change. Institutions that view early intervention solely through a regulatory lens often create bureaucratic processes that satisfy auditors but don’t support students.

    More successful institutions frame early intervention as aligning with academic values: supporting student learning, enabling achievement, and promoting fairness. They engage academic staff not as compliance officers but as educators with enhanced tools for understanding student progress. This cultural work takes time but proves essential for moving beyond surface compliance to genuine organisational change.

    Implications for the sector

    The OfS shows no signs of relaxing numerical thresholds—if anything, regulatory expectations continue to strengthen. Financial pressures make student retention more critical. Public scrutiny of value for money increases pressure for demonstrable support. Universities must develop organisational capabilities for early intervention not as a temporary response to regulatory pressure but as a permanent feature of higher education.

    This requires more than purchasing analytics platforms or appointing retention officers. It demands fundamental questions about institutional organisation: How can governance frameworks accommodate uncertainty while maintaining rigour? How can universities distribute authority for intervention while preserving academic standards? How can institutions build cultures that value prevention as much as certification?

    The gap between early warning signals and institutional action is an organisational challenge requiring structural and cultural change. Universities investing only in analytics without addressing organisational readiness will continue to struggle, regardless of how sophisticated their systems become. These aren’t simple changes, but they’re necessary for institutions serious about supporting student success rather than merely measuring it.

    The question facing universities isn’t whether to act on early warning signals—regulatory pressure makes this increasingly mandatory. The question is whether institutions can develop the organisational capabilities to act effectively, bridging the gap between data and decision, between warning and intervention, between regulatory compliance and educational values.

    Those that cannot may find themselves not just failing their students but failing to meet the minimum expectations of a regulated sector.

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  • The grade inflation mutant algorithm, 2026

    The grade inflation mutant algorithm, 2026

    The publication of the Office for Students’ annual data set on degree classifications and grade inflation was initially scheduled for October of last year.

    It was delayed until now to enable further data checking – a pause that caused many data-literate observers to speculate that perhaps the venerable and much-criticised OfS algorithm (which compares the classification of degrees awarded to the perfect year that was 2010-11; controlling for age, entry qualifications, and subject of study only) might be in for an overhaul.

    This algorithm has generated results in the past that suggests that more than half of the classifications actually awarded to undergraduates were “unexplained” – the current number is just under 40 per cent.

    So, either four in ten degrees awarded in UK higher education are problematic – or a very simplistic algorithm isn’t actually very good and needs fixing.

    Occam’s razor

    So we thought OfS would take the extra weeks to rethink the algorithm. This has not happened.

    Instead, we get a more nuanced take on what is visible in this collection, which is worth quoting in full:

    The term ‘unexplained’ in this context means that changes in the characteristics of the graduating cohort included in our modelling cannot explain statistically the changes in attainment over the period.

    We are not seeking to understand what other factors might be driving the observed changes. We acknowledge that elements such as improvements in teaching quality could account for them. Our modelling cannot account for increases in degree awarding as a result of changes made in response to the pandemic. Neither can it account for entry requirements such as performance in an audition or the submission of a portfolio, as entry qualifications are limited to standard A-levels, BTECs and direct equivalents.

    Similarly, it cannot account for changes in entry qualifications as a result of the teacher-assessed grading necessitated during the pandemic. For this reason, we also classify these changes as ‘unexplained’.

    In reading this very welcome clarification you may want to think back to November’s OfS intervention on these topics. After investigating three providers (starting in 2022) England’s regulator appeared to decide that the problem was degree algorithms.

    A degree algorithm is the mechanism used by providers to calculate degree classifications from a set of module marks achieved by a student during their undergraduate study. This is a particularly British problem – in most systems globally a grade point average backed by a full transcript is far more important than any classification offered.

    In the three investigations OfS conducted it identified two particular aspect of degree algorithms – awarding a student the best result from multiple algorithms, and discounting credit with the lowest marks – that it was unsure were compatible with the requirements of registration condition B4 (which deals, in part with the “credibility” of degrees awarded).

    This was a new departure for a regulator that had previously been content to use words like “unexplained” to cast suspicion on academic standards more generally. The fact that it found three providers at risk of breaching B4 despite the absence of any current practice that would be in breach of B4 merely served as an indication that the game has changed.

    The hardest degree

    We get the usual data release alongside the report. Here’s a plot showing the percentage point difference between the actual grades awarded and the grades modelled by the algorithm (the so-called “unexplained” awards) – with the number of graduates shown by the thin grey lines. Filters allow you to look just at first class honours or first and upper second degrees, choose the year you are interested in (the most recent, 2023-24, is the default), and to choose a minimum number of graduates at a provider for display (the default is 500).

    Mousing over one of these marks shows, in the chart at the bottom – the actual (orange) awards plotted alongside the modelled (blue) awards.

    [Full screen]

    Top of the charts for “unexplained” first and upper second awards we find Goldsmiths, East London, and Bradford. With the exception of Goldsmiths’ all recorded a slight drop in the actual (observed) award of undergraduate degrees with these classifications each year.

    Like many providers at the top end of this chart, these institutions take pride in serving under-represented and non-traditional applicants to higher education – and they are very good at what they do. Goldsmiths’ is a large arts-focused institution, with admissions determined by portfolio in many cases. East London and Bradford are vocationally-focused providers with strong employer links, serving a local non-traditional population.

    East London and Bradford award a far lower proportion of first class and upper second degrees than – for example – Durham, Bath, or Bristol. In any meaningful, student-facing, interpretation of this phenomenon it is “easier” to get a good degree at a selective provider like that than at one more focused on serving the whole community. The hardest university to get a good degree at is Buckinghamshire New University – less than half of those who completed their course in 2023-24 achieved a first or upper second.

    It’s perhaps easier to see this phenomenon on a scatter plot showing both observed and modelled awards.

    [Full screen]

    There is a neat split by provider type – every Russell Group university awards more than 80 per cent of graduates a first or upper second, while only a handful (Bath, Loughborough, Lancaster, Arts, Goldsmiths’, Northumbria) do. Is that fair?

    Fairness

    The question for anyone concerned with academic standards is whether these provider level differentials are fair. The OfS algorithm – as noted above – uses age, prior attainment, and subject as study as explicatory factors. It’s worth dealing with each in turn.

    • OfS reckons that students with less than stellar A levels are less likely to get good degrees than those with AAA or above– so providers who recruit other kinds of learner will be penalised by the algorithm no matter how good they are at treating non-traditional learners.
    • Age doesn’t quite work how you might expect – mature students are very slightly more likely to get a first or an upper second than the traditional 18 year old entry cohort.
    • And humanities or social sciences subjects are judged to be harder to get a first in than physical sciences: so if you have (say) a huge law school and not many chemists you will struggle with the output of this algorithm.

    [Full screen]

    I’d love to show you the standard errors and p-values that offer reassurance on the quality of this information here, but I understand from OfS that there was an issue with calculating them correctly: the figures have now been removed from the annex. The team are satisfied that the coefficients are accurate for what that’s worth, but if you end up being investigated as a result of this data I would be asking some questions here.

    OfS has arrived at these insights through analysis of previous years of data – and this is a valid thing for them to have done. The failure to predict so much of what has actually happened suggests to me that other assumptions should be added to the model. It used to have disability, ethnicity, sex, and TUNDRA – these were axed from the model in 2023 ostensibly because they didn’t have much explanatory value.

    There is a commendable clarity in the technical annex that any gap between the model and reality is because of “a result of unobserved effects between academic years that have not been accounted for and have not been included as explanatory variables in the model”. It is good to see language like that up top too, as a counterbalance to the rather accusatory term “unexplained”.

    What of it?

    We wrote about the three investigations that have thus far come about as a result of this data when we got the reports published last year. What was notable from those judgements was that OfS did not find any current evidence of grade inflation at any of the three providers involved, though at two of the three they did find a historic concern about degree algorithm that had been in place prior to the existence of the OfS and was addressed speedily when it became apparent that it was causing problems.

    I am going to stick my neck out and say that there are likely to be no providers that are carrying out deliberate and systematic grade inflation as a matter of policy. If OfS feels that there are things providers are innocently doing that may result in grades being less than reliable what it needs to do is provide causal and statistical evidence that this is the case – and it will find this easier if it works with providers in the spirit of enhancement and continuous improvement rather than playing to the headlines.

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  • Students in Wales deserve better protection from Medr

    Students in Wales deserve better protection from Medr

    Medr, the new higher education regulator in Wales, carried out an initial consultation around a year ago on its regulatory system.

    It has now produced more detailed proposals in this area and is inviting consultation responses. In the proposed regulatory approach, most requirements will apply from August 2026, with some coming into force a year later.

    Medr aims to “establish minimum expectations for compliance” and to ensure ‘that non-compliance is addressed with proportionate intervention’. Despite this, on the basis of what is in the consultation documents, Medr’s proposed regulatory approach does not outline minimum expectations for compliance in relation to gender-based violence in HE.

    The regulatory condition on “staff and learner welfare” within Medr’s proposed regulatory system covers “policies, procedures and services that promote and support staff and learner wellbeing and safety”, the latter term encompassing “freedom from harms” including harassment, misconduct, violence (including sexual violence) and hate crime (all defined in Medr’s Glossary of Terms).

    But mandatory regulatory action on addressing sexual harassment, or gender-based violence more widely, is not mentioned in the proposals and any requirements for data collection are left unclear.

    Nor does it appear that Medr are planning to publish a stand-alone regulatory condition on gender-based violence or carry out independent data collection in this area. This is particularly surprising as Medr has previously requested data reporting from HEIs on policies, training, prevention activities, and definitions used in this area (in November 2024).

    The data reported to them was, they stated, going to be used (among other things) to “inform our policy and registration developments”. In the documents shared as part of the consultation, it is not clear whether or how this data has been drawn on to develop the draft regulatory strategy.

    Nor has there been any mention of a forthcoming regulatory condition on gender-based violence, and indeed it would be counter-intuitive to introduce a regulatory system now only to amend it in a year or two’s time. We have to assume, therefore, that this is the totality of Medr’s proposed regulation in this area.

    By contrast, the Office for Students in England – Medr’s regulatory sibling – has introduced a specific regulatory condition (E6) for addressing ‘harassment and sexual misconduct in higher education, in force since 1st August 2025. It has also gathered and published data to inform this approach (which both Jim and I have written about on Wonkhe).

    But from what has been published so far on Medr’s proposed regulatory approach, there will be nothing comparable to what is in place in England, let alone to stronger frameworks such as in Australia.

    This is an urgent public health issue. There are around 149,000 students in Wales. Extrapolating from these numbers using Steele et al.’s study of Oxford University – the most robust we have methodologically in the UK at present – we would expect that around 29,800 students would experience attempted or forced sexual touching or rape every year.

    This figure does not include students who may experience stalking, sexual harassment (online or offline) or non-sexual forms of intimate partner abuse – so the total number of students who experience gender-based violence would be higher than this.

    Indeed, the Crime Survey of England and Wales consistently finds that students are roughly twice as likely as other occupational group most likely to experience stalking, sexual violence and domestic abuse.

    If Medr’s proposals are implemented in a similar form to the consultation version, a two-tier system will come into force between England and Wales. Requirements will be in place for English universities to train all staff and students, prohibit staff-student intimate relationships, and implement ‘fair’ processes for handling complaints, among other provisions. In Wales, none of these provisions will be required.

    Linking up with Wales’ national strategy

    These gaps are especially surprising in the context of a strong Welsh national strategy on Violence against Women, Domestic Abuse and Sexual Violence (VAWDASV), which has a lot of material that is relevant to higher education institutions.

    For example, Objective 2 is to “increase awareness in children, young people and adults of the importance of safe, equal and healthy relationships and empowering them to positive personal choices” and objective 4 is to “make early intervention and prevention a priority”.

    Overall, the strategy takes a public health approach to VAWDASV, prioritising data-driven efforts in this area.

    Unfortunately this approach is not clearly linked up with Medr’s regulatory approach. Medr’s consultation document does state that:

    To comply with this condition, providers must […] take account of other expectations such as those of Welsh Government (Annex B, p.71-2)

    However, the objectives of the national VAWDASV strategy do not appear to have informed the development of the proposed regulatory system. There is no discussion, for example, of early intervention and prevention, nor any clear route through which Medr could require HEIs to take action in this area.

    Staff and learner welfare

    As noted above, staff and learner welfare is the regulatory category that covers “harassment, misconduct, violence (including sexual violence) and hate crime”. The regulatory conditions Medr proposes are that:

    • All tertiary providers must conduct an annual staff and learner welfare self-evaluation
    • The annual staff and learner welfare self-evaluation must be approved by the providers’ governing body or equivalent

    These provisions demonstrate the reliance on self-evaluation in Medr’s approach. But Medr will not scrutinise or even see the self-assessments that are carried out by HEIs, only asking for the action plans produced as a result of these self-evaluations to be submitted to them. Medr “will only call in self-evaluations if concerns and risks are raised or identified.”

    This creates a catch-22 situation. It allows gender-based violence to remain invisible within HEIs if they choose not to collect data or self-evaluate in relation to it. The only consistent data collection in this area is the Crime Survey of England and Wales, which does not disaggregate data by institution, or allow for urgent risks to be identified, so this is not helpful for assessing an institution-level approach.

    Other than that, there is currently no mandatory data collection within or across higher education institutions in Wales relating to gender-based violence experienced by students or by staff.

    As a result, within the existing data landscape, there is no way in which concerns or risks can be raised or identified by Medr. Under the proposed regulatory system, HEIs will have discretion as to whether or not they choose to include issues relating to gender-based violence in their self-evaluation.

    If they choose not to include gender-based violence, they will be able to self-evaluate and create an action plan that does not mention this issue – and still remain compliant with Medr’s regulatory approach.

    Perhaps people can report “issues and concerns” directly to Medr? Unfortunately not. Medr states on their website that:

    We might become involved in issues with regulated institutions: which charge excess full-time undergraduate fees; which fail to comply with fee and access plan requirements; whose quality of education is inadequate; which don’t comply with the Financial Management Code; or which don’t comply with their Prevent duty.

    Gender-based violence is not included in areas in which Medr will “become involved”. Complaints made directly to Medr will not, therefore, provide any basis on which Medr will assess HEIs’ compliance on staff and learner welfare relating to gender-based violence.

    To sum up, the approach outlined in the consultation document means that cases of gender-based violence may not be visible in institutional or sector-level data. They will only emerge via survivors and activists raising issues via mainstream media or social media after failures have already occurred, as is currently being exemplified in mainstream media reporting.

    Complaints

    Often, the only way in which gender-based violence becomes visible to an institution is through complaints. The regulatory approach to complaints policies and data reporting is therefore important to scrutinise.

    Medr’s proposed condition of regulation on complaints procedures states that:

    …All providers registered with or funded by Medr must have in place a procedure for investigating complaints made by learners and former learners about an act or omission of the provider, and take reasonable steps to make the procedure known to learners.

    That’s all. There is no provision in the regulatory approach that requires such complaint processes to be demonstrated to be effective. Furthermore, the “primary source of monitoring for this condition” will be providers’ self-declaration they have met the compliance requirements.

    There is no requirement for regular review of complaints processes on the basis of feedback or information-gathering to assess their effectiveness. This is inadequate.

    There is a brief mention of the Office for the Independent Adjudicator for HE (OIAHE):

    Medr will consider data relating to complaints numbers, patterns and trends. For providers within the complaints scheme of the Office of the Independent Adjudicator, data will be sourced via the scheme.

    This is to be welcomed, especially as the OIAHE is currently consulting on its guidance for handling harassment and sexual misconduct complaints. But it is insufficient as the sole mechanisms for gathering data on complaints, and it is important to note its limitations.

    My research has demonstrated that in relation to complaints of staff-student sexual misconduct – a serious risk to student welfare and to equality of opportunity – students have been unable to access the services of the OIAHE to escalate their complaint because they are unable to complete the complaints process at their own institution.

    This leads to risk to student welfare (both those reporting and others who might be targeted by the same staff member); and reputational risks for the sector as well as individual higher education institutions, as students who are unable to gain safety or remedy by using existing complaints and regulatory structures are obliged to remain in unsafe, harmful situations (or drop out), and may turn to the media to raise awareness of their situation and protect others.

    This is a particularly urgent issue in Wales due to a recent High Court case from the Royal Welsh College of Music and Drama (RWCMD) taken out by two students, Sydney Feder and Alyse McCamish, where the RWCMD was found to have failed in its duties to follow its own policies or to investigate issues with a reasonable duty of care. This case was unusual in that the two students who took forward this case had the resources and knowledge to do so and were willing and able to fight a six-year battle to get their case through the courts.

    Based on my research with students and staff who have reported gender-based violence to their institutions, there are many other failures from higher education institutions across the UK that could lead to similar legal challenges, but with very short time limits, insufficient legal aid, and the absence of a culture of taking legal action in the UK in this area, these cases have tended not to be taken forward.

    Student complainants should not have to go through multiple rounds of complaints process at their HEI and then the OIAHE, taking months or – more often – years, in order to access safety and remedy during their studies.

    A further issue is the need for a mechanism for students, staff, and their advocates to be able to alert the regulator to issues of serious concern with safety, where they have not been able to raise issues within complaints processes.

    For example, where a staff member is targeting students with sexualised or harassing messages, but the university are failing to stop the behaviour, leading to students being unable to safely access teaching and learning, with serious risks to student welfare. There are also potential situations where safety concerns could lead to student or staff suicide, where urgent action may be needed to prevent very serious outcomes, in line with the crucial campaign for a duty of care in UK HE by #ForThe100.

    If sufficient action is not being taken by the institution to address student/staff safety, there needs to be a mechanism via which these concerns can be escalated. There is no provision for this in current regulations.

    Reportable events

    More familiar concerns from across UK HE are also evident in the proposed regulatory system. Universities in Wales, as “exempt charities” are regulated by Medr instead of the Charity Commission.

    However – as we have previously raised as an issue in England, and as Mary Synge has outlined in detail in relation to broader legal arguments – this has led to HEIs being much more lightly regulated than the rest of the charity sector.

    In relation to in relation to safeguarding and sexual harassment/abuse, this is a particularly urgent issue. Unfortunately, the regulatory proposals embed these different standards of regulation for HEIs compared to other charities in relation to “reportable events”, i.e. incidents that the regulator needs to be informed about.

    Charity Commission guidance states that “you should report an incident if it results in, or risks, significant harm to people who come into contact with your charity through its work […or] harm to your charity’s work or reputation”.

    A related document gives examples of what to report including an allegation that a staff member has physically or sexually assaulted or neglected a beneficiary whilst under the charity’s care; or an allegation that a trustee, staff member or volunteer has been sexually assaulted by another trustee, staff member or volunteer.

    Medr’s proposed regulatory approach retains the language of “significant harm” without defining what this means, without giving examples of what to report, and without naming sexual assault or safeguarding issues. It does, however, outline a separate category of “notifiable events” that include “a matter relating to the provider’s compliance with the Prevent duty”.

    This approach – as with the Office for Students’ approach in England – is unjustifiable given the high levels of gender-based violence occurring in higher education. The regulatory approach should be amended to align with the Charity Commission guidance.

    The issues outlined in the Charity Commission guidance would constitute a serious risk to the operation of an HEI in its charitable function, and as such must be overseen by the regulator. At the very least, Medr’s regulatory approach needs to clarify what constitutes ‘significant harm’. This should include incidents that could constitute serious sexual harm.

    Furthermore, it is unclear why “notifiable events” include breaches of compliance relating to the Prevent duty, but not other legal duties such as breaches of equalities, health and safety, or safeguarding legal duties.

    Moving beyond self-regulation of HEIs

    The proposed regulatory approach states that “monitoring activity” will allow Medr to ascertain “whether providers are meeting their Conditions of Registration and/or Funding, and whether any regulatory concern or risk is emerging”.

    As the regulatory approach stands, this claim is inaccurate in relation to gender-based violence – without any data being reported to Medr in this area, or even gathered by HEIs in many cases, there is no way in which Medr will be able to assess any risks in this area.

    There can be no charitable institutions in the UK where the risks of sexual violence, exploitation and abuse are higher than in universities. Gender-based violence in higher education is a major public health concern and should also be a high priority when considering equal access to education. As such, HEIs should be subject to the most stringent regulation.

    If Medr considers that the regulatory strategy more broadly is not the right place to set out these more detailed requirements, a further regulatory condition from Medr in this area on HEIs’ responsibilities in relation to gender-based violence should be published.

    However, the Office for Students already have an explicit regulatory condition in this area and I can’t see a good reason why Medr should wait any longer before taking such a step. Either way, within this consultation document, the foundations need to be laid to enable this work to be done. The regulatory strategy proposed, as it stands, will leave the higher education sector to continue to self-regulate around issues of gender-based violence, despite evidence of high prevalence.

    A further point that should be considered in a regulatory approach is transparency. This is crucial because transparency and openness are a primary concern for students who report gender-based violence to their HEI. But HEIs are unlikely to take these steps towards transparency without the regulator requiring them to do so.

    In recognition of this need for regulators to require transparency, in a recent review for the Higher Education Authority of the Irish Government’s national framework for Ending Sexual Violence and Harassment (ESVH), the Expert Group (which I chaired) have recommended that

    Institutions publish information on ESVH work as part of their public EDI reporting, including anonymised data on formal reports and outcomes, good practice case studies, an evaluation of education and training initiatives, and other relevant data.

    This recommendation looks likely to be adopted nationally in Ireland, requiring all HEIs to take this step in the coming years. However, in the Medr regulatory strategy, “transparency, accountability and public trust” is only discussed in relation to “governance and management”.

    While Medr states more generally that they “encourage a culture of openness and transparency” this appears to only relate to reporting from HEIs to Medr – not to relationships between HEIs and their staff and student body. A fundamental shift is therefore needed in order to move towards greater transparency around institutional data reporting and actions on gender-based violence.

    Overall, Medr appear to be relying on data on gender-based violence to emerge via existing, inadequate, data sources, or to allow HEIs to choose whether and how they gather this data. Such an approach will not be effective – if you do not directly and explicitly gather data about gender-based violence, it will remain invisible, not least because those who experience even the most severe forms of gender-based violence often do not label their experiences as such.

    More generally, this approach goes against the direction of travel internationally in higher education policy in relation to gender-based violence, leaving Welsh students and staff underserved compared to their peers in England, Ireland, France, Australia, and elsewhere.

    This means that future generations of students and staff will continue to be at risk. Medr must be much bolder in order to fulfil its stated approach to regulation of “clear, enforceable rules that establish minimum expectations for compliance” in relation to gender-based violence in HE.

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  • Changes to TEF risk institutions choosing between continuous improvement or compliance

    Changes to TEF risk institutions choosing between continuous improvement or compliance

    With the deadline for the Office for Students’ consultation on quality and standards fast approaching, the sector is staring down the barrel of a high-stakes new reality.

    In this proposed world, a Bronze award is no longer just a rating; it is a compliance warning. While Gold providers may enjoy a five-year cycle, the underlying machinery proposes something far more demanding: the replacement of the fixed cycle with continuous data monitoring, where a dip in indicators can trigger immediate regulatory intervention.

    To understand the implications of this shift, we need to adopt the lens of Janus – the god of transitions. By looking back at the lessons of the 2023 exercise, we can better evaluate the structural risks of the regulatory cycle looming ahead.

    The evidence from the three major sector evaluations of the 2023 exercise – Office for Students’ commissioned IFF research, QAA and Advance HE – suggests that we are at a tipping point. The question is whether the new framework will drive continuous improvement or simply enforce continuous compliance.

    The paradox of context

    TEF 2023 was defined by a fundamental structural tension: the clash between the regulator’s need for sector-wide consistency and the provider’s need to articulate institutional nuance.

    The lesson from 2023 was clear. Success didn’t come from generic excellence; it came from proving that practices were “embedded” in a way that served a specific student demographic. In fact, QAA analysis shows the word ‘embedded’ appeared over 500 times in panel statements. High-performing institutions proved that their support wasn’t optional but structurally woven into the curriculum because their student intake required it.

    But this nuance comes at a heavy price. If you demand a highly individualised narrative to justify your metrics, you dramatically increase the administrative labour required to produce it. This reliance on narrative also creates a profound equity issue. The framework risks favouring institutions with the resources to craft polished, professionalised narratives over those taking actual risks on widening participation.

    Furthermore, for smaller and specialist providers, the ‘paradox of context’ is statistical, not just narrative. We must recognise the extreme volatility of data for small cohorts, where a single student’s outcome can drastically skew statistics. If the regulator relies heavily on data integration, we risk a system that mistakes statistical noise for institutional failure.

    The compliance trap

    The IFF Research evaluation confirmed that the single biggest obstacle for providers in TEF 2023 was staff capacity and time. This burden didn’t just burn out staff; it may have distorted the student voice it was meant to amplify. While the student submission is intended to add texture to the metrics, the sheer scale of the task drove standardisation. The IFF report highlights that providers struggled to ensure student engagement was adequate due to time constraints. The unintended consequence is clear: instead of messy, authentic co-creation, the burden risks creating a system where providers rely on aggregating generic survey data just to “manage” the student voice efficiently.

    The stakes are raised further by the proposed mechanism for calculating overall ratings. The consultation proposes a rule-based approach where the Overall Rating is automatically determined by the lowest of the two aspect ratings. This removes necessary judgement from the process, but the consequences are more than just reputational. With proposals to limit student number growth for Bronze providers and potential links to fee limits, the sector fears a ‘downward spiral.’ If a provider meets the baseline quality standards (Condition B3) but is branded Bronze, stripping them of the resources (through fee or growth limits) needed to invest in improvement creates a self-fulfilling prophecy of decline.

    From “project” to “department”

    This brings us to the most urgent risk of the proposed rolling cycle. If a single, periodic TEF submission required that level of resource to prove “embedding” what happens when the oversight becomes continuous?

    The structural shift here is profound. We are moving from TEF as a periodic “project” – something universities can surge resources for every four years – to TEF as a permanent “department”. This continuous oversight demands permanent, dedicated institutional infrastructure for quality evidencing. It translates the high cost of a periodic audit into the risk of an endless, resource-intensive audit. The danger is that we are not moving toward continuous improvement but toward continuous compliance.

    Furthermore, the proposed timeline creates a specific trap for those rated Bronze. The proposal suggests these providers be reassessed every three years. However, given the lag in HESA and Graduate Outcomes data, a provider could implement a strategic fix immediately, yet still be judged on ‘old’ data by the time the next three-year cycle arrives.

    Furthermore, three years is often insufficient for strategic changes to manifest in lagged data. This risks locking institutions into a cycle where they are constantly being assessed – and potentially penalised – without the necessary time to generate new data that reflects their improvements.

    Innovation lag

    Furthermore, this permanent bureaucracy is being built on a framework that is already struggling to keep pace with reality. There is a speed mismatch between regulation and innovation.

    Regulation moves at the pace of government; Artificial Intelligence moves at the pace of Moore’s Law. The QAA analysis noted that TEF 2023 submissions contained minimal reference to AI, simply because the submission process was too slow to capture the sector’s rapid pivot.

    If we lock ourselves into a rigid framework that rewards historical ‘embeddedness’, we risk punishing institutions that are pivoting quickly. Worse, the pressure for consistency may drive ‘curriculum conservatism’ – where universities centralise design to ensure safety, reducing the autonomy of academics to experiment.

    The path forward?

    So, how do providers survive the rolling cycle? The only viable response is strategy alignment.

    Universities must stop treating TEF as a separate exercise. Data collection can no longer be an audit panic; it must be integrated into business-as-usual strategic planning. Evidence gathering must become the byproduct of the strategic work we are already funded to do.

    But the regulator must move too. We need a system that acknowledges the ‘paradox of context’ – you cannot have perfect nuance and perfect statistical comparison simultaneously.

    As we submit our responses to the consultation, we must advocate for a regulatory philosophy that shifts from assurance (preventing failure) to enabling (fostering responsible experimentation). If the cost of the new cycle is the erosion of the resources needed for actual teaching, then the framework will have failed the very test of excellence it seeks to measure.

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  • TEF proposals’ radical reconfiguration of quality risk destabilising the sector – here’s the fix

    TEF proposals’ radical reconfiguration of quality risk destabilising the sector – here’s the fix

    The post-16 education and skills white paper reiterates what the Office for Students’ (OfS) recent consultation on the future of the Teaching Excellence Framework (TEF) had already made quite clear: there is a strong political will to introduce a regulatory framework for HE that imposes meaningful consequences on providers whose provision is judged as being of low quality.

    While there is much that could be said about the extent to which TEF is a valid way of measuring quality or teaching excellence, we will focus on the potential unintended consequences of OfS’s proposals for the future of TEF.

    Regardless of one’s views of the TEF in general, it is relatively uncontroversial to suggest that TEF 2023 was a material improvement on its predecessor. In an analysis of the outcomes from the 2017 TEF exercise, it was clear that a huge volume of work had gone into establishing a ranking of providers which was far too closely correlated with the characteristics of their student body.

    Speaking plainly, the optimal strategy for achieving Gold in 2017 was to avoid recruiting too many students from socially and economically disadvantaged backgrounds. In 2017, the 20 providers with the fewest FSM students had no Bronze awards, while the 20 with the highest failed to have any Gold awards associated with their provision.

    Following the changes introduced in the next round of TEF assessments, while there still appears to be a correlation between student characteristics and TEF outcomes, the relationship is not as strong as it was in 2017. Here we have mapped the distribution of TEF 2023 Gold, Silver and Bronze ratings for providers with the lowest (Table 1) and highest (Table 2) proportions of students who have received free school meals (FSM), for TEF 2023.

    In TEF 2023, the link between student characteristics and TEF outcome was less pronounced. This is a genuine improvement, and one we should ensure is not lost under the new proposals for TEF.

    Reconfiguring the conception of quality

    The current TEF consultation proposes radical changes, not least of which is the integration of the regulator’s assessment of compliance with the B conditions of registration which deal with academic quality.

    At present, TEF differentiates between different levels of quality that are all deemed to be above minimum standards – built upon the premise that the UK higher education sector is, on average, “very high quality” in an international context – and operates in parallel with the OfS’s approach to ensuring compliance with minimum standards. The proposal to merge these two aspects of regulation is being posited as a way of reducing regulatory burden.

    At the same time, the OfS – with strong ministerial support – is making clear that it wants to ensure there are regulatory consequences associated with provision that fails to meet their thresholds. And this is where things become more contentious.

    Under the current framework, a provider is technically not eligible to participate in TEF if it is judged by the OfS to fall foul of minimum quality expectations. Consequently, TEF ratings of Bronze, Silver and Gold are taken to correspond with High Quality, Very High Quality and Outstanding provision, respectively. While a fourth category, Requires Improvement, was introduced for 2023, vanishingly few providers were given this rating.

    Benchmarked data on the publicly available TEF dashboard in 2023 were deemed to contribute no more than 50 per cent of the weight in each provider’s aspect outcomes. Crucially, data that was broadly in line with benchmark was deemed – as a starting hypothesis, if you will – to be consistent with a Silver rating: again, reinforcing the message that the UK HE sector is “Very High Quality” on the international stage.

    Remember this, as we journey into the contrasts with proposals for the new TEF.

    Under the proposed reforms, OfS has signalled that providers failing to be of sufficient quality would be subject to regulatory consequences. Such consequences could span from enhanced monitoring to – in extremis – deregistration; such processes and penalties would be led by OfS. We have also received the clear indication that the government may wish to withdraw permission to grow and receive inflation-linked fee increases with quality outcomes. In other words, providers who fail to achieve a certain rating in TEF may experience student number caps and fee freezes.

    These are by no means minor inconveniences for any provider, and so one might reasonably expect that the threshold for implementing such penalties would be set rather high – from the perspectives both of the proportion of the sector that would, in a healthy system, be subject to regulatory action or governmental restriction at any one time, and the operational capacity of the OfS properly to follow through and follow up on the providers that require regulatory intervention. On the contrary, however, it is being proposed that both Requires Improvement- and Bronze-rated providers would be treated as inadequate in quality terms.

    While a provider rated as Requires Improvement might expect additional intervention from the regulator, it seems less obvious why a provider rated Bronze – which was previously defined as a High Quality provider – should expect to receive enhanced regulatory scrutiny and/or restrictions on their operation.

    It’s worse than we thought

    As the sector regulator, OfS absolutely ought to be working to identify areas of non-compliance and inadequate quality. The question is whether these new proposals achieve that aim.

    This proposal amounts to OfS making a fundamental change to the way it conceptualises the very notion of quality and teaching excellence, moving from a general assumption of high quality across the sector to the presumption that there is low quality at a scale hitherto unimagined. While the potential consequences of these proposed reforms are important at the level of an individual provider, and for student and prospective students’ perceptions, it is equally important to ask what they mean for the HE sector as a whole.

    Figure 1 illustrates the way in which the ratings of quality across our sector might change, should the current proposals be implemented. This first forecast is based upon the OfS’s proposal that overall provider ratings will be defined by the lowest of their two aspect ratings, and shows the profile of overall ratings in 2023 had this methodology been applied then.

    There are some important points to note regarding our methodology for generating this forecast. First, as we mentioned above, OfS has indicated an intention to base a provider’s overall rating on the lowest of the two assessed aspects: Student Experience and Student Outcomes. In TEF 2023, providers with mixed aspects, such as Bronze for one and Silver for another, may still have been judged as Silver overall, based on the TEF panel’s overall assessment of the evidence submitted. Under the new framework, this would not be possible, and such a provider would be rated Bronze by default. In addition, we are of course assuming that there has been no shift in metrics across the sector since the last TEF, and so these figures need to be taken as indicative and not definitive.

    Figure 1: Comparison of predicted future TEF outcomes compared with TEF 2023 actual outcomes

    There are two startling points to highlight:

    • The effect of this proposed TEF reform is to drive a downward shift in the apparent quality of English higher education, with a halving of the number of providers rated as Outstanding/Gold, and almost six times the number of providers rated as Requires Improvement.
    • The combined number of Bronze and Requires Improvement Providers would increase from 50 to 89. Taken together with the proposal to reframe Bronze as being of insufficient quality, OfS could be subjecting nearly 40 per cent of the sector to special regulatory measures.

    In short, the current proposals risk serious destabilisation of our sector, and we argue could end up making the very concept of quality in education less, not more, clear for students.

    Analysis by provider type

    Further analysis of this shift reveals that these changes would have an impact across all types of provider. Figures 2a and 2b show the distribution of TEF ratings for the 2023 and projected future TEF exercises, where we see high, medium and low tariff providers, as well as specialist institutions, equally impacted. For the 23 high tariff providers in particular, the changes would see four providers fall into the enhanced regulatory space of Bronze ratings, whereas none were rated less than Silver in the previous exercise. For specialist providers, of the current 42 with 2023 TEF ratings, five would be judged as Requires Improvement, whereas none received this rating in 2023.

    Figure 2a: Distribution of TEF 2023 ratings by provider type

    Figure 2b: Predicted distribution of future TEF ratings by provider type

    Such radical movement in OfS’s overall perception of quality in the sector requires explanation. Either the regulator believes that the current set of TEF ratings were overly generous and the sector is in far worse health than we have assumed (and, indeed, than we have been advising students via current TEF ratings), or else the very nature of what is considered to be high quality education has shifted so significantly that the way we rate providers requires fundamental reform. While the former seems very unlikely, the latter requires a far more robust explanation than has been provided in the current consultation.

    We choose to assume that OfS does not, in fact, believe that the quality of education in English HE has fallen off a cliff edge since 2023, and also that it is not intentionally seeking to radically redefine the concept of high quality education. Rather, in pursuit of a regulatory framework that does carry with it material consequences for failing to meet a robust set of minimum standards, we suggest that perhaps the current proposals have missed an opportunity to make more radical changes to the TEF rating system itself.

    We believe there is another approach that would help the OfS to deliver its intended aim, without destabilising the entire sector and triggering what would appear to be an unmanageable volume of regulatory interventions levelled at nearly 40 per cent of providers.

    Benchmarks, thresholds, and quality

    In all previous iterations of TEF, OfS has made clear that both metrics and wider evidence brought forward in provider and student submissions are key to arriving at judgements of student experience and outcomes. However, the use of metrics has very much been at the heart of the framework.

    Specifically, the OfS has gone to great lengths to provide metrics that allow providers to see how they perform against benchmarks that are tailored to their specific student cohorts. These benchmarks sit alongside the B3 minimum thresholds for key metrics, which OfS expects all providers to achieve. For the most part, providers eligible to enter TEF would have all metrics sitting above these thresholds, leaving the judgement of Gold, Silver and Bronze as a matter of the distance from the provider’s own benchmark.

    The methodology employed in TEF has also been quite simple to understand at a conceptual level:

    • A provider with metrics consistently 2.5 per cent or more above benchmark might be rated as Gold/Outstanding;
    • A provider whose metrics are consistently within ±2.5 per cent of their benchmarks, would be likely assessed as Silver/Very High Quality;
    • Providers who are consistently 2.5 per cent or more below their benchmark would be Bronze/High Quality or Requires Improvement.

    There is no stated numerical threshold that is consistent with the boundary between Bronze and Requires Improvement – a matter of holistic panel judgement, including but not limited to how far beyond -2.5 per cent of benchmark a provider’s data sits.

    It is worth noting here that in the current TEF, Bronze ratings (somewhat confusingly) could only be conferred for providers who could also demonstrate some elements of Silver/Very High Quality provision. Under the new TEF proposals, this requirement would be dropped.

    The challenge we see here is with the definition of Bronze being >2.5 per cent below benchmark; the issue is best illustrated with an example of two hypothetical Bronze providers:

    Let’s assume both Provider A and B have received a Bronze rating in TEF, because their metrics were consistently more than 2.5 per cent below benchmark, and their written submissions and context did not provide any basis on which a higher rating ought to be awarded. For simplicity, let’s pick a single metric, progression into graduate employment, and assume that the benchmark for these two providers happens to be the same, at 78 per cent.

    In this example, Provider A obtained its Bronze rating with a progression figure of 75 per cent, which is 3 per cent below its benchmark. Provider B, on the other hand, had a Progression figure of 63 per cent. While this is a full 12 percentage points worse than Provider A, it is nonetheless still 2 per cent above the minimum threshold specified by OfS, which is 60 per cent, and so it was not rated as Requires Improvement.

    Considering this example, it seems reasonable to conclude that Provider A is doing a far better job of supporting a comparable cohort of students into graduate employment than Provider B, but under the new TEF proposals, both are judged as being Bronze, and would be subject to the same regulatory penalties proposed in the consultation. From a prospective student’s perspective, it is hard to see what value these ratings would carry, given they conceal very large differences in the actual performance of the providers.

    On the assumption that the Requires Improvement category would be retained for providers with more serious challenges – such as being below minimum thresholds in several areas – the obvious problem is that Bronze as a category in the current proposal is simply being stretched so far, it will lose any useful meaning. In short, the new Bronze category is too blunt a tool.

    An alternative – meet Meets Minimum Requirements

    As a practical solution, we recommend that OfS considers a fifth category, sitting between Bronze and Requires Improvement: a category of Meets Minimum Requirements.

    This approach would have two advantages. First, it would allow the continued use of Bronze, Silver and Gold in such a way that the terms retain their commonly understood meanings; a Bronze award, in common parlance, is not a mark of failure. Second, it would allow OfS to distinguish providers who, while below our benchmark for Very High Quality, are still within a reasonable distance of their benchmark such that a judgement of High Quality remains appropriate, from those whose gap to benchmark is striking and could indicate a case for regulatory intervention.

    The judgement of Meets Minimum Requirements would mean the provider’s outcomes do not fall below the absolute minimum thresholds set by the regulator, but equally are too far from their benchmark to be awarded a quality kitemark of at least a Bronze TEF rating. The new category would reasonably be subject to increased regulatory surveillance, given the borderline risk of thus rated providers failing to meet minimum standards in future.

    We argue that such a model would be far more meaningful to students and other stakeholders. TEF ratings of Bronze, Silver and Gold would continue to represent an active recognition of High, Very High, and Outstanding quality, respectively. In addition, providers meeting minimum requirements (but not having earned a quality kitemark in the form of a TEF award) would be distinguishable from providers who would be subject to active intervention from the regulator, due to falling below the absolute minimum standards.

    It would be a matter for government to consider whether providers deemed to be meeting minimum requirements should receive inflation-linked uplifts in fees, and should be permitted to grow; indeed, one constructive use of the increased grading nuance we propose here could be that providers who meet minimum requirements are subject to student number caps until they can demonstrate capability to grow safely by improving to the point of earning at least a Bronze TEF award. Such a measure would seem proportionately protective of the student interest, while still differentiating those providers from providers who are actively breaching their conditions of registration and would be subject to direct regulatory intervention.

    Modelling the impact

    To model how this proposed approach might impact overall outcomes in a future TEF, we have, in the exercise that follows, used TEF 2023 dashboard data and retained the statistical definitions of Gold (>2.5 per cent above benchmark) and Silver (±2.5% of benchmark) from the current TEF. We have modelled a proposed definition of Bronze as between 2.5-5 per cent below benchmark. Providers who Meet Minimum Requirements are defined as being within 5-10 per cent below benchmark, and Requires Improvement reflects metrics >10 per cent below benchmark.

    For the sake of simplicity, we have taken the average distance from benchmark for all Student Experience and Student Outcomes metrics for each provider to categorise providers for each Aspect Rating. The outcome of our analysis is shown in Table A, and is contrasted in Table B with an equivalent analysis under OfS’s current proposals to redefine a four-category framework.

    Table A. Distribution of aspect ratings according to a five-category TEF framework

    Table B. Distribution of aspect ratings according to OfS’s proposed four-category TEF framework

    Following OfS’s proposal that a provider would be given an overall rating that reflects the lowest rating of the two aspects, our approach leads to a total of 32 providers falling into the Meets Minimum Requirements and Requires Improvement categories. This represents 14 per cent of providers, which is substantially fewer than the 39 per cent of providers who would be considered as not meeting high quality expectations under the current OfS proposals. It is also far closer to the 22 per cent of providers who were rated Bronze or Requires Improvement in TEF 2023.

    We believe that our approach represents a far more valid and meaningful framework for assessing quality in the sector, while OfS’ current proposals risk sending a problematic message that, since 2023, quality across the sector has inexplicably and catastrophically declined. Adding granularity to the ratings system in this way will help OfS to focus its regulatory surveillance where it will likely be the most useful in targeting provision that is of potentially low quality.

    Figure 4, below, illustrates the distribution of potential TEF outcomes based on OfS’s four category rating framework, contrasted with our proposed five categories. It is important to note that this modelling is based purely on metrics and benchmarks, and does not incorporate the final judgement of TEF panels, based on the narrative submissions providers submit.

    This is particularly important because previous analysis has shown that many providers with metrics that were not significantly above benchmark, or not significantly at benchmark, were nonetheless awarded Gold or Silver ratings, respectively, and this would have been based on robust narrative submissions and other evidence submitted by providers. Equally, some providers with data that was broadly in line with benchmark were awarded Bronze ratings overall, as the further evidence submitted in the narrative statements failed to convince the panel of an overall picture of very high quality.

    Figure 4: Predicted profile of provider ratings in a four- and five-category framework

    The benefits of a five-category approach

    First, the concept of a TEF award in the form of a Gold, Silver or Bronze rating retains its meaning for students and other stakeholders. Any of these three awards reflect something positive about a provider delivering beyond what we minimally expect.

    Second, the pool of providers potentially falling into categories that would prompt enhanced scrutiny and potential regulatory intervention/governmental restrictions would drop to a level that would be a much fairer reflection of the actual quality of our sector. We simply do not believe it to be the case that anyone can be convinced that as much as 40 per cent of our sector is not of sufficiently high quality.

    Third, referencing the socio-economic diversity data by 2023 TEF award in Tables 1 and 2, and the future TEF outcomes modelling in Figure 1, our proposal significantly reduces the risk that students who were previously eligible for free school meals (who form strong proportions of the cohorts of Bronze-rated providers) would be further disadvantaged by their HE environment being impoverished via fee freezes and student number caps. We argue that such potential measures should be reserved for the Requires Improvement, and, plausibly, Meets Minimum Requirements categories.

    Fourth, by expanding the range of categories, OfS would be able to distinguish to between providers who are in fact meeting minimum expectations, but not delivering quality in experience or outcomes which would allow them to benefit from some of the freedoms proposed to be associated with TEF awards, and providers who are, in at least one of these areas, failing to meet even those minimum expectations.

    To recap, the key features of our proposal are as follows:

    • Retain Bronze, Silver and Gold in the TEF as ratings that reflect a positive judgement of High, Very High, and Outstanding quality, respectively.
    • Introduce a new rating – Meets Minimum Requirements – that recognises providers who are delivering student experience and outcomes that are above regulatory minimum thresholds, but are too far from benchmarks to justify an active quality award in TEF. This category would be subject to increased OfS surveillance, given the borderline risk of provision falling below minimum standards in future.
    • Retain Requires Improvement as a category that indicates a strong likelihood that regulatory intervention is required to address more serious performance issues.
    • Continue to recognise Bronze ratings as a mark of High Quality, and position the threshold for additional regulatory restrictions or intervention such that these would apply only to providers rated as Meets Minimum Requirements or Requires Improvement.

    Implementing this modest adaptation to the current TEF proposals would safeguard the deserved reputation of UK higher education for high-quality provision, while meeting the demand for a clear plan to secure improvements to quality and tackle pockets of poor quality.

    The deadline for responding to OfS’ consultation on TEF and the integrated approach to quality is Thursday 11 December. 

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  • What’s in the new Office for Students strategy?

    What’s in the new Office for Students strategy?

    The Office for Students began a consultation process on its 2025-30 strategy back in December 2024. Alongside the usual opportunities for written responses there have been a series of “feedback events” promoted specifically to higher education provider staff, FE college staff, and students and student representatives held early in 2025.

    In the past OfS has faced arguably justified criticism for failing to take sector feedback on proposals into account – but we should take heart that there are significant differences between what was originally proposed and what has just been finalised and published.

    Graphic design is our passion

    Most strikingly, we are presented with four new attitudes that we are told will “drive delivery of all our strategic goals in the interest of students” – to hammer the point home individual activities in the “roadmap” are labelled with coloured, hexagonal, markers where “a particular activity will exemplify certain attitudes”. We get:

    • Ambitious for all students from all backgrounds (an upward arrow in a pink hexagon)
    • Collaborative in pursuit of our priorities and in our stewardship of the sector (two stylised hands in the shape of a heart, yellow hexagon)
    • Vigilant about safeguarding public money and student fees (A pound-sign on a teal hexagonal background)
    • Vocal that higher education is a force for good, for individuals, communities and the country (a stylised face and soundwave on a purple hexagon)

    Where things get potentially confusing is that the three broadly unchanged strategic goals – quality (tick, yellow circle), sector resilience (shield, blue circle), student experience and support (someone carrying an iPad, red circle) – are underpinned both by the attitude and the concept of “equality of opportunity” (teal ourobouros arrow). The only change at this conceptual level is that “the wider student interest” is characterised as “experience and support”. Don’t worry – the subsections of these are the same as in the consultations

    Fundamentally, OfS’ design language is giving openness and transparency, with a side order of handholding through what amounts to a little bit of a grab-bag of a list of interventions. The list is pared down from the rather lengthy set of bullet points initially presented, and there are some notable changes.

    Quality

    In the quality section what has been added is an assurance that OfS will do this “in collaboration with students, institutions, and sector experts”, and a commitment to “celebrate and share examples of excellence wherever we find them”. These are of course balanced with the corresponding stick: “Where necessary, we will pursue investigation and enforcement, using the full range of our powers.” This comes alongside clarification that the new quality system would be build on, rather than alongside the TEF.

    What is gone is the Quality Risk Register. An eminently sensible addition to the OfS armoury of risk registers, the vibes from the consultation were that providers were concerned that it might become another arm of regulation rather than a helpful tool for critical reflection

    Also absent from the final strategy is any mention of exploring alignment with European quality standards, which featured in the consultation materials. Similarly, the consultation’s explicit commitment to bring transnational education into the integrated quality model has not been restated – it’s unclear whether this reflects a change in priority or simply different drafting choices.

    Students

    In the section on students, language about consumer rights is significantly softened, with much more on supporting students in understanding their rights and correspondingly less on seeking additional powers to intervene on these issues. Notably absent are the consultation’s specific commitments – the model student contract, plans for case-report publication, and reciprocal intelligence sharing. The roadmap leans heavily into general “empowerment” language rather than concrete regulatory tools. And, for some reason, language on working with the Office for the Independent Adjudicator has disappeared entirely.

    A tweak to language clarifies that OfS are no longer keen to regulate around extra-curricular activity – there will be “non-regulatory” approaches however.

    New here is a commitment to “highlight areas of concern or interest that may not be subject to direct regulation but which students tell us matter to them”. The idea here looks to be that OfS can support institutions to respond proactively working with sector agencies and other partners. It is pleasing to see a commitment to this kind of information sharing (I suspect this is where OIA has ended up) – though a commitment to continue to collect and publish data on the prevalence of sexual misconduct in the draft appears not to have made the final cut.

    Resilience

    The “navigation of an environment of increased financial and strategic risks” has been a key priority of OfS over most of the year since this strategy was published – and what’s welcome here is clearer drafting and a positive commitment to working with providers to improve planning for potential closures, and that OfS will “continue to work with the government to address the gaps in the system that mean that students cannot be adequately protected if their institution can no longer operate”.

    Governance – yes, OfS will not only consider an enhanced focus, it will strengthen its oversight on governance. That’s strategic action right there. Also OfS will “work with government on legislative solutions that would stop the flow of public money when we [OfS, DfE, SLC] have concerns about its intended use.”

    Also scaled back is the consultation’s programmatic approach to governance reform. Where the consultation linked governance capability explicitly to equality and experience outcomes, the final version frames this primarily as assurance and capability support rather than a reform agenda. The shift suggests OfS moving toward a lighter-touch, collaborative posture on governance rather than directive intervention.

    Regulation

    OfS will now “strive to deliver exemplary regulation”, and interestingly the language on data has shifted from securing “modern real-time data” to “embedding the principle collect once, use many times” and a pleasing promise to work with other regulators and agencies to avoid duplication.

    Two other consultation commitments have been quietly downgraded. The explicit language on working with Skills England to develop a shared view of higher education’s role in meeting regional and national skills needs has disappeared – odd given the government’s focus on this agenda. And while the Teaching Excellence Framework remains present, the consultation’s push to make TEF “more routine and more widespread” has been cooled – the final version steps back from any commitments on cadence or coverage.

    What’s missing within the text of the strategy, despite being in the consultation version, are the “I statements” – these are what Debbie McVitty characterised on Wonkhe as:

    intended to describe what achieving its strategic objectives will look and feel like for students, institutions, taxpayers and employers in a clear and accessible way, and are weighted towards students, as the “primary beneficiaries” of the proposed strategy.

    These have been published, but separately and with a few minor revisions. Quite what status they have is unclear:

    The ‘I statements’ are a distillation of our objectives, as set out in our strategy. They are not regulatory tools. We will not track the performance of universities and colleges against them directly.

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  • The Office for Students steps on to shaky ground in an attempt to regulate academic standards

    The Office for Students steps on to shaky ground in an attempt to regulate academic standards

    The funny thing about the story about today’s intervention by the Office for Students is that it is not really about grade inflation, or degree algorithms.

    I mean, it is on one level: we get three investigation reports on providers related to registration condition B4, and an accompanying “lessons learned” report that focuses on degree algorithms.

    But the central question is about academic standards – how they are upheld, and what role an arm of the government has in upholding them.

    And it is about whether OfS has the ability to state that three providers are at “increased risk” of breaching a condition of registration on the scant evidence of grade inflation presented.

    And it is certainly about whether OfS is actually able to dictate (or even strongly hint at its revealed preferences on) the way degrees are awarded at individual providers, or the way academic standards are upheld.

    If you are looking for the rule book

    Paragraph 335N(b) of the OfS Regulatory Framework is the sum total of the advice it has offered before today to the sector on degree algorithms.

    The design of the calculations that take in a collection of module marks (each assessed carefully against criteria set out in the module handbook, and cross-checked against the understanding of what expectations of students should be offered by an academic from another university) into an award of a degree at a given classification is a potential area of concern:

    where a provider has changed its degree classification algorithm, or other aspects of its academic regulations, such that students are likely to receive a higher classification than previous students without an increase in their level of achievement.

    These circumstances could potentially be a breach of condition of registration B4, which relates to “Assessment and Awards” – specifically condition B4.2(c), which requires that:

    academic regulations are designed to ensure that relevant awards are credible;

    Or B4.2(e), which requires that:

    relevant awards granted to students are credible at the point of being granted and when compared to those granted previously

    The current version of condition B4 came into force in May 2022.

    In the mighty list of things that OfS needs to have regard to that we know and love (section 2 of the 2017 Higher Education and Research Act), we learn that OfS has to pay mind to “the need to protect the institutional autonomy of English higher education providers” – and, in the way it regulates that it should be:

    Transparent, accountable, proportionate, and consistent and […] targeted only at cases where action is needed

    Mutant algorithms

    With all this in mind, we look at the way the regulator has acted on this latest intervention on grade inflation.

    Historically the approach has been one of assessing “unexplained” (even once, horrifyingly, “unwarranted”) good honours (1 or 2:1) degrees. There’s much more elsewhere on Wonkhe, but in essence OfS came up with its own algorithm – taking into account the degrees awarded in 2010-11 and the varying proportions students in given subject areas, with given A levels and of a given age – that starts from the position that non-traditional students shouldn’t be getting as many good grades as their (three good A level straight from school) peers, and if they did then this was potentially evidence of a problem.

    To quote from annex B (“statistical modelling”) of last year’s release:

    “We interact subject of study, entry qualifications and age with year of graduation to account for changes in awarding […] our model allows us to statistically predict the proportion of graduates awarded a first or an upper second class degree, or a first class degree, accounting for the effects of these explanatory variables.

    When I wrote this up last year I did a plot of the impact each of these variables is expected to have on – the fixed effect coefficient estimates show the increase (or decrease) in the likelihood of a person getting a first or upper second class degree.

    [Full screen]

    One is tempted to wonder whether the bit of OfS that deals with this issue ever speaks to the bit that is determined to drive out awarding gaps based on socio-economic background (which, as we know, very closely correlates with A level results). This is certainly one way of explaining why – if you look at the raw numbers – the people who award more first class and 2:1 degrees are the Russell Group, and at small selective specialist providers.

    [Full screen]

    Based on this model (which for 2023-24 failed to accurately predict fully fifty per cent of the grades awarded) OfS selected – back in 2022(!) – three providers where it felt that the “unexplained” awards had risen surprisingly quickly over a single year.

    What OfS found (and didn’t find)

    Teesside University was not found to have ever been in breach of condition B4 – OfS was unable to identify statistically significant differences in the proportion of “good” honours awarded to a single cohort of students if it applied each of the three algorithms Teesside has used over the past decade or so. There has been – we can unequivocally say – no evidence of artificial grade inflation at Teesside University.

    St Mary’s University, Twickenham and the University of West London were found to have historically been in breach of condition B4. The St Mary’s issue related to an approach that was introduced in 2016-17 and was replaced in 2021-22, in West London the offending practice was introduced in 2015-16 and replaced in 2021-22. In both cases, the replacement was made because of an identified risk of grade inflation. And for each provider a small number of students may have had their final award calculated using the old approach since 2021-22, based on a need to not arbitrarily change an approach that students had already been told about.

    To be clear – there is no evidence that either university has breached condition B4 (not least because condition B4 came into force after the offending algorithms had been replaced). In each instance the provider in question has made changes based on the evidence it has seen that an aspect of the algorithm is not having the desired effect, exactly the way in which assurance processes should (and generally do) work.

    Despite none of the providers in question currently being in breach of B4 all three are now judged to be at an increased risk of breaching condition B4.

    No evidence has been provided as to why these three particular institutions are at an “increased risk” of a breach while others who may use substantially identical approaches to calculating final degree awards (but have not been lucky enough to undergo an OfS inspection on grade inflation) are not. Each is required to conduct a “calibration exercise” – basically a review of their approach to awarding undergraduate degrees of the sort each has already completed (and made changes based on) in recent years.

    Vibes-based regulation

    Alongside these three combined investigation/regulatory decision publications comes a report on Batchelors’ degree classification algorithms. This purports to set out the “lessons learned” from the three reports, but it actually sets up what amounts to a revision to condition B4.

    We recognise that we have not previously published our views relating to the use of algorithms in the awarding of degrees. We look forward to positive engagement with the sector about the contents of this report. Once the providers we have investigated have completed the actions they have agreed to undertake, we may update it to reflect the findings from those exercises.

    The important word here is “views”. OfS expresses some views on the design of degree algorithms, but it is not the first to do so and there are other equally valid views held by professional bodies, providers, and others – there is a live debate and a substantial academic literature on the topic. Academia is the natural home of this kind of exchange of views, and in the crucible of scholarly debate evidence and logical consistency are winning moves. Having looked at every algorithm he could find, Jim Dickinson covers the debates over algorithm characteristics elsewhere on the site.

    It does feel like these might be views expressed ahead of a change to condition B4 – something that OfS does have the power to do, but would most likely (in terms of good regulatory practice, and the sensitive nature of work related to academic standards managed elsewhere in the UK by providers themselves) be subject to a full consultation. OfS is suggesting that it is likely to find certain practices incompatible with the current B4 requirements – something which amounts to a de facto change in the rules even if it has been done under the guise of guidance.

    Providers are reminded that (as they are already expected to do) they must monitor the accuracy and reliability of current and future degree algorithms – and there is a new reportable event: providers need to tell OfS if they change their algorithm that may result in an increase of “good” honours degrees awarded.

    And – this is the kicker – when they do make these changes, the external calibration they do cannot relate to external examiner judgements. The belief here is that external examiners only ever work at a module level, and don’t have a view over an entire course.

    There is even a caveat – a provider might ask a current or former external examiner to take an external look at their algorithm in a calibration exercise, but the provider shouldn’t rely solely on their views as a “fresh perspective” is needed. This reads back to that rather confusing section of the recent white paper about “assessing the merits of the sector continuing to use the external examiner system” while apparently ignoring the bit around “building the evidence base” and “seeking employers views”.

    Academic judgement

    Historically, all this has been a matter for the sector – academic standards in the UK’s world-leading higher education sector have been set and maintained by academics. As long ago as 2019 the UK Standing Committee for Quality Assessment (now known as the Quality Council for UK Higher Education) published a Statement of Intent on fairness in degree classification.

    It is short, clear and to the point: as was then the fashion in quality assurance circles. Right now we are concerned with paragraph b, which commits providers to protecting the value of their degrees by:

    reviewing and explaining how their process for calculating final classifications, fully reflect student attainment against learning criteria, protect the integrity of classification boundary conventions, and maintain comparability of qualifications in the sector and over time

    That’s pretty uncontroversial, as is the recommended implementation pathway in England: a published “degree outcomes statement” articulating the results of an internal institutional review.

    The idea was that these statements would show the kind of quantitative trends that OfS get interested in, some assurance that these institutional assessment processes meet the reference points, and reflect the expertise and experience of external examiners, and provide a clear and publicly accessible rationale for the degree algorithm. As Jim sets out elsewhere, in the main this has happened – though it hasn’t been an unqualified success.

    To be continued

    The release of this documentation prompts a number of questions, both on the specifics of what is being done and more widely on the way in which this approach does (or does not) constitute good regulatory practice.

    It is fair to ask, for instance, whether OfS has the power to decide that it has concerns about particular degree awarding practices, even where it is unable to point to evidence that these practices are currently having a significant impact on degrees awarded, and to promote a de facto change in interpretation of regulation that will discourage their use.

    Likewise, it seems problematic that OfS believes it has the power to declare that the three providers it investigated are at risk of breaching a condition of registration because they have an approach to awarding degrees that it has decided that it doesn’t like.

    It is concerning that these three providers have been announced as being at higher risk of a breach when other providers with similar practices have not. It is worth asking whether this outcome meets the criteria for transparent, accountable, proportionate, and consistent regulatory practice – and whether it represents action being targeted only at cases where it is demonstrably needed.

    More widely, the power to determine or limit the role and purpose of external examiners in upholding academic standards has not historically been one held by a regulator acting on behalf of the government. The external examiner system is a “sector recognised standard” (in the traditional sense) and generally commands the confidence of registered higher education providers. And it is clearly a matter of institutional autonomy – remember in HERA OfS needs to “have regard to” institutional autonomy over assessment, and it is difficult to square this intervention with that duty.

    And there is the worry about the value and impact of sector consultation – an issue picked up in the Industry and Regulators Committee review of OfS. Should a regulator really be initiating a “dialogue with the sector” when its preferences on the external examiner system are already so clearly stated? And it isn’t just the sector – a consultation needs to ensure that the the views of employers (and other stakeholders, including professional bodies) are reflected in whatever becomes the final decision.

    Much of this may become clear over time – there is surely more to follow in the wider overhaul of assurance, quality, and standards regulation that was heralded in the post-16 white paper. A full consultation will help centre the views of employers, course leaders, graduates, and professional bodies – and the parallel work on bringing the OfS quality functions back into alignment with international standards will clearly also have an impact.

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  • Algorithms aren’t the problem. It’s the classification system they support

    Algorithms aren’t the problem. It’s the classification system they support

    The Office for Students (OfS) has published its annual analysis of sector-level degree classifications over time, and alongside it a report on Bachelors’ degree classification algorithms.

    The former is of the style (and with the faults) we’ve seen before. The latter is the controversial bit, both to the extent to which parts of it represent a “new” set of regulatory requirements, and a “new” set of rules over what universities can and can’t do when calculating degree results.

    Elsewhere on the site my colleague David Kernohan tackles the regulation issue – the upshots of the “guidance” on the algorithms, including what it will expect universities to do both to algorithms in use now, and if a provider ever decides to revise them.

    Here I’m looking in detail at its judgements over two practices. Universities are, to all intents and purposes, being banned from any system which discounts credits with the lowest marks – a practice which the regulator says makes it difficult to demonstrate that awards reflect achievement.

    It’s also ruling out “best of” algorithm approaches – any universities that determine degree class by running multiple algorithms and selecting the one that gives the highest result will also have to cease doing so. Anyone still using these approaches by 31 July 2026 has to report itself to OfS.

    Powers and process do matter, as do questions as to whether this is new regulation, or merely a practical interpretation of existing rules. But here I’m concerned with the principle. Has OfS got a point? Do systems such as those described above amount to misleading people who look at degree results over what a student has achieved?

    More, not less

    A few months ago now on Radio 4’s More or Less, I was asked how Covid had impacted university students’ attainment. On a show driven by data, I was wary about admitting that as a whole, I think it would be fair to say that UK HE isn’t really sure.

    When in-person everything was cancelled back in 2020, universities scrambled to implement “no detriment” policies that promised students wouldn’t be disadvantaged by the disruption.

    Those policies took various forms – some guaranteed that classifications couldn’t fall below students’ pre-pandemic trajectory, others allowed students to select their best marks, and some excluded affected modules entirely.

    By 2021, more than a third of graduates were receiving first-class honours, compared to around 16 per cent a decade earlier – with ministers and OfS on the march over the risk of “baking in” the grade inflation.

    I found that pressure troubling at the time. It seemed to me that for a variety of reasons, providers may have, as a result of the pandemic, been confronting a range of faults with degree algorithms – for the students, courses and providers that we have now, it was the old algorithms that were the problem.

    But the other interesting thing for me was what those “safety net” policies revealed about the astonishing diversity of practice across the sector when it comes to working out the degree classification.

    For all of the comparison work done – including, in England, official metrics on the Access and Participation Dashboard over disparities in “good honours” awarding – I was wary about admitting to Radio 4’s listeners that it’s not just differences in teaching, assessment and curriculum that can drive someone getting a First here and a 2:2 up the road.

    When in-person teaching returned in 2022 and 2023, the question became what “returning to normal” actually meant. Many – under regulatory pressure not to “bake in” grade inflation – removed explicit no-detriment policies, and the proportion of firsts and upper seconds did ease slightly.

    But in many providers, many of the flexibilities introduced during Covid – around best-mark selection, module exclusions and borderline consideration – had made explicit and legitimate what was already implicit in many institutional frameworks. And many were kept.

    Now, in England, OfS is to all intents and purposes banning a couple of the key approaches that were deployed during Covid. For a sector that prizes its autonomy above almost everything else, that’ll trigger alarm.

    But a wider look at how universities actually calculate degree classifications reveals something – the current system embodies fundamentally different philosophies about what a degree represents, are philosophies that produce systematically different outcomes for identical student performance, and are philosophies that should not be written off lightly.

    What we found

    Building on David Allen’s exercise seven years ago, a couple of weeks ago I examined the publicly available degree classification regulations for more than 150 UK universities, trawling through academic handbooks, quality assurance documents and regulatory frameworks.

    The shock for the Radio 4 listener on the Clapham Omnibus would be that there is no standardised national system with minor variations, but there is a patchwork of fundamentally different approaches to calculating the same qualification.

    Almost every university claims to use the same framework for UG quals – the Quality Assurance Agency benchmarks, the Framework for Higher Education Qualifications and standard grade boundaries of 70 for a first, 60 for a 2:1, 50 for a 2:2 and 40 for a third. But underneath what looks like consistency there’s extraordinary diversity in how marks are then combined into final classifications.

    The variations cluster around a major divide. Some universities – predominantly but not exclusively in the Russell Group – operate on the principle that a degree classification should reflect the totality of your assessed work at higher levels. Every module (at least at Level 5 and 6) counts, every mark matters, and your classification is the weighted average of everything you did.

    Other universities – predominantly post-1992 institutions but with significant exceptions – take a different view. They appear to argue that a degree classification should represent your actual capability, demonstrated through your best work.

    Students encounter setbacks, personal difficulties and topics that don’t suit their strengths. Assessment should be about demonstrating competence, not punishing every misstep along a three-year journey.

    Neither philosophy is obviously wrong. The first prioritises consistency and comprehensiveness. The second prioritises fairness and recognition that learning isn’t linear. But they produce systematically different outcomes, and the current system does allow both to operate under the guise of a unified national framework.

    Five features that create flexibility

    Five structural features appear repeatedly across university algorithms, each pushing outcomes in one direction.

    1. Best-credit selection

    This first one has become widespread, particularly outside the Russell Group. Rather than using all module marks, many universities allow students to drop their worst performances.

    One uses the best 105 credits out of 120 at each of Levels 5 and 6. Another discards the lowest 20 credits automatically. A third takes only the best 90 credits at each level. Several others use the best 100 credits at each stage.

    The rationale is obvious – why should one difficult module or one difficult semester define an entire degree?

    But the consequence is equally obvious. A student who scores 75-75-75-75-55-55 across six modules averages 68.3 per cent. At universities where everything counts, that’s a 2:1. At universities using best-credit selection that drops the two 55s, it averages 75 – a clear first.

    Best-credit selection is the majority position among post-92s, but virtually absent at Russell Group universities. OfS is now pretty much banning this practice.

    The case against rests on B4.2(c) (academic regulations must be “designed to ensure” awards are credible) and B4.4(e) (credible means awards “reflect students’ knowledge and skills”). Discounting credits with lowest marks “excludes part of a student’s assessed achievement” and so:

    …may result in a student receiving a class of degree that overlooks material evidence of their performance against the full learning outcomes for the course.

    2. Multiple calculation routes

    These take that principle further. Several universities calculate your degree multiple ways and award whichever result is better. One runs two complete calculations – using only your best 100 credits at Level 6, or taking your best 100 at both levels with 20:80 weighting. You get whichever is higher.

    Another offers three complete routes – unweighted mean, weighted mean and a profile-based method. Students receive the highest classification any method produces.

    For those holding onto their “standards”, this sort of thing is mathematically guaranteed to inflate outcomes. You’re measuring the best possible interpretation of what students achieved, not what they achieved every time. As a result, comparison across institutions becomes meaningless. Again, this is now pretty much being banned.

    This time, the case against is that:

    …the classification awarded should not simply be the most favourable result, but the result that most accurately reflects the student’s level of achievement against the learning outcomes.

    3. Borderline uplift rules

    What happens on the cusps? Borderline uplift rules create all sorts of discretion around the theoretical boundaries.

    One university automatically uplifts students to the higher class if two-thirds of their final-stage credits fall within that band, even if their overall average sits below the threshold. Another operates a 0.5 percentage point automatic uplift zone. Several maintain 2.0 percentage point consideration zones where students can be promoted if profile criteria are met.

    If 10 per cent of students cluster around borderlines and half are uplifted, that’s a five per cent boost to top grades at each boundary – the cumulative effect is substantial.

    One small and specialist plays the counterfactual – when it gained degree-awarding powers, it explicitly removed all discretionary borderline uplift. The boundaries are fixed – and it argues this is more honest than trying to maintain discretion that inevitably becomes inconsistent.

    OfS could argue borderline uplift breaches B4.2(b)’s requirement that assessments be “reliable” – defined as requiring “consistency as between students.”

    When two students with 69.4% overall averages receive different classifications (one uplifted to First, one remaining 2:1) based on mark distribution patterns or examination board discretion, the system produces inconsistent outcomes for identical demonstrated performance.

    But OfS avoids this argument, likely because it would directly challenge decades of established discretion on borderlines – a core feature of the existing system. Eliminating all discretion would conflict with professional academic judgment practices that the sector considers fundamental, and OfS has chosen not to pick that fight.

    4. Exit acceleration

    Heavy final-year weighting amplifies improvement while minimising early difficulties. Where deployed, the near-universal pattern is now 25 to 30 per cent for Level 5 and 70 to 75 per cent for Level 6. Some institutions weight even more heavily, with year three counting for 60 per cent of the final mark.

    A student who averages 55 in year two and 72 in year three gets 67.2 overall with typical 30:70 weighting – a 2:1. A student who averages 72 in year two and 55 in year three gets 59.9 – just short of a 2:1.

    The magnitude of change is identical – it’s just that the direction differs. The system structurally rewards late bloomers and penalises any early starters who plateau.

    OfS could argue that 75 per cent final-year weighting breaches B4.2(a)’s requirement for “appropriately comprehensive” assessment. B4 Guidance 335M warns that assessment “focusing only on material taught at the end of a long course… is unlikely to provide a valid assessment of that course,” and heavy (though not exclusive) final-year emphasis arguably extends this principle – if the course’s subject matter is taught across three years, does minimizing assessment of two-thirds of that teaching constitute comprehensive evaluation?

    But OfS doesn’t make this argument either, likely because year weighting is explicit in published regulations, often driven by PSRB requirements, and represents settled institutional choices rather than recent innovations. Challenging it would mean questioning established pedagogical frameworks rather than targeting post-hoc changes that might mask grade inflation.

    5. First-year exclusion

    Finally, with a handful of institutional and PSRB exceptions, the first-year-not-counting is now pretty much universal, removing what used to be the bottom tail of performance distributions.

    While this is now so standard it seems natural, it represents a significant structural change from 20 to 30 years ago. You can score 40s across the board in first year and still graduate with a first if you score 70-plus in years two and three.

    Combine it with other features, and the interaction effects compound. At universities using best 105 credits at each of Levels 5 and 6 with 30:70 weighting, only 210 of 360 total credits – 58 per cent – actually contribute to your classification. And so on.

    OfS could argue first-year exclusion breaches comprehensiveness requirements – when combined with best-credit selection, only 210 of 360 total credits (58%) might count toward classification. But OfS explicitly notes this practice is now “pretty much universal” with only “a handful of institutional and PSRB exceptions,” treating it as neutral accepted practice rather than a compliance concern.

    Targeting something this deeply embedded across the sector would face overwhelming institutional autonomy defenses and would effectively require the sector to reinstate a practice it collectively abandoned over the past two decades.

    OfS’ strategy is to focus regulatory pressure on recent adoptions of “inherently inflationary” practices rather than challenging longstanding sector-wide norms.

    Institution type

    Russell Group universities generally operate on the totality-of-work philosophy. Research-intensives typically employ single calculation methods, count all credits and maintain narrow borderline zones.

    But there are exceptions. One I’ve seen has automatic borderline uplift that’s more generous than many post-92s. Another’s 2.0 percentage point borderline zone adds substantial flexibility. If anything, the pattern isn’t uniformity of rigour – it’s uniformity of philosophy.

    One London university has a marks-counting scheme rather than a weighted average – what some would say is the most “rigorous” system in England. And two others – you can guess who – don’t fit this analysis at all, with subject-specific systems and no university-wide algorithms.

    Post-1992s systematically deploy multiple flexibility features. Best-credit selection appears at roughly 70 per cent of post-92s. Multiple calculation routes appear at around 40 per cent of post-92s versus virtually zero per cent at research-intensive institutions. Several post-92s have introduced new, more flexible classification algorithms in the past five years, while Russell Group frameworks have been substantially stable for a decade or more.

    This difference reflects real pressures. Post-92s face acute scrutiny on student outcomes from league tables, OfS monitoring and recruitment competition, and disproportionately serve students from disadvantaged backgrounds with lower prior attainment.

    From one perspective, flexibility is a cynical response to metrics pressure. From another, it’s recognition that their students face different challenges. Both perspectives contain truth.

    Meanwhile, Scottish universities present a different model entirely, using GPA-based calculations across SCQF Levels 9 and 10 within four-year degree structures.

    The Scottish system is more internally standardised than the English system, but the two are fundamentally incompatible. As OfS attempts to mandate English standardisation, Scottish universities will surely refuse, citing devolved education powers.

    London is a city with maximum algorithmic diversity within minimum geographic distance. Major London universities use radically different calculation systems despite competing for similar students. A student with identical marks might receive a 2:1 at one, a first at another and a first with higher average at a third, purely over algorithmic differences.

    What the algorithm can’t tell you

    The “five features” capture most of the systematic variation between institutional algorithms. But they’re not the whole story.

    First, they measure the mechanics of aggregation, not the standards of marking. A 65 per cent essay at one university may represent genuinely different work from a 65 per cent at another. External examining is meant to moderate this, but the system depends heavily on trust and professional judgment. Algorithmic variation compounds whatever underlying marking variation exists – but marking standards themselves remain largely opaque.

    Second, several important rules fall outside the five-feature framework but still create significant variation. Compensation and condonement rules – how universities handle failed modules – differ substantially. Some allow up to 30 credits of condoned failure while still classifying for honours. Others exclude students from honours classification with any substantial failure, regardless of their other marks.

    Compulsory module rules also cut across the best-credit philosophy. Many universities mandate that dissertations or major projects must count toward classification even if they’re not among a student’s best marks. Others allow them to be dropped. A student who performs poorly on their dissertation but excellently elsewhere will face radically different outcomes depending on these rules.

    In a world where huge numbers of students now have radically less module choice than they did just a few years ago as a result of cuts, they would have reason to feel doubly aggrieved if modules they never wanted to take in the first place will now count when they didn’t last week.

    Several universities use explicit credit-volume requirements at each classification threshold. A student might need not just a 60 per cent average for a 2:1, but also at least 180 credits at 60 per cent or above, including specific volumes from the final year. This builds dual criteria into the system – you need both the average and the profile. It’s philosophically distinct from borderline uplift, which operates after the primary calculation.

    And finally, treatment of reassessed work varies. Nearly all universities cap resit marks at the pass threshold, but some exclude capped marks from “best credit” calculations while others include them. For students who fail and recover, this determines whether they can still achieve high classifications or are effectively capped at lower bands regardless of their other performance.

    The point isn’t so much that I (or OfS) have missed the “real” drivers of variation – the five features genuinely are the major structural mechanisms. But the system’s complexity runs deeper than any five-point list can capture. When we layer compensation rules onto best-credit selection, compulsory modules onto multiple calculation routes, and volume requirements onto borderline uplift, the number of possible institutional configurations runs into the thousands.

    The transparency problem

    Every day’s a school day at Wonkhe, but what has been striking for me is quite how difficult the information has been to access and compare. Some institutions publish comprehensive regulations as dense PDF documents. Others use modular web-based regulations across multiple pages. Some bury details in programme specifications. Several have no easily locatable public explanation at all.

    UUK’s position on this, I’d suggest, is a something of a stretch:

    University policies are now much more transparent to students. Universities are explaining how they calculate the classification of awards, what the different degree classifications mean and how external examiners ensure consistency between institutions.

    Publication cycles vary unpredictably, cohort applicability is often ambiguous, and cross-referencing between regulations, programme specifications and external requirements adds layers upon layers of complexity. The result is that meaningful comparison is effectively impossible for anyone outside the quality assurance sector.

    This opacity matters because it masks that non-comparability problem. When an employer sees “2:1, BA in History” on a CV, they have no way of knowing whether this candidate’s university used all marks or selected the best 100 credits, whether multiple calculation routes were available or how heavily final-year work was weighted. The classification looks identical regardless. That makes it more, not less, likely that they’ll just go on prejudices and league tables – regardless of the TEF medal.

    We can estimate the impact conservatively. Year one exclusion removes perhaps 10 to 15 per cent of the performance distribution. Best-credit selection removes another five to 10 per cent. Heavy final-year weighting amplifies improvement trajectories. Multiple calculation routes guarantee some students shift up a boundary. Borderline rules uplift perhaps three to five per cent of the cohort at each threshold.

    Stack these together and you could shift perhaps 15 to 25 per cent of students up one classification band compared to a system that counted everything equally with single-method calculation and no borderline flexibility. Degree classifications are measuring as much about institutional algorithm choices as about student learning or teaching quality.

    Yes, but

    When universities defend these features, the justifications are individually compelling. Best-credit selection rewards students’ strongest work rather than penalising every difficult moment. Multiple routes remove arbitrary disadvantage. Borderline uplift reflects that the difference between 69.4 and 69.6 per cent is statistically meaningless. Final-year emphasis recognises that learning develops over time. First-year exclusion creates space for genuine learning without constant pressure.

    None of these arguments is obviously wrong. Each reflects defensible beliefs about what education is for. The problem is that they’re not universal beliefs, and the current system allows multiple philosophies to coexist under a facade of equivalence.

    Post-92s add an equity dimension – their flexibility helps students from disadvantaged backgrounds who face greater obstacles. If standardisation forces them to adopt strict algorithms, degree outcomes will decline at institutions serving the most disadvantaged students. But did students really learn less, or attain to a “lower” standard?

    The counterargument is that if the algorithm itself makes classifications structurally easier to achieve, you haven’t promoted equity – you’ve devalued the qualification. And without the sort of smart, skills and competencies based transcripts that most of our pass/fail cousins across Europe adopt, UK students end up choosing between a rock and a hard place – if only they were conscious of that choice.

    The other thing that strikes me is that the arguments I made in December 2020 for “baking in” grade inflation haven’t gone away just because the pandemic has. If anything, the case for flexibility has strengthened as the cost of living crisis, inadequate maintenance support and deteriorating student mental health create circumstances that affect performance through no fault of students’ own.

    Students are working longer hours in paid employment to afford rent and food, living in unsuitable accommodation, caring for family members, and managing mental health conditions at record levels. The universities that retained pandemic-era flexibilities – best-credit selection, generous borderline rules, multiple calculation routes – aren’t being cynical about grade inflation. They’re recognising that their students disproportionately face these obstacles, and that a “totality-of-work” philosophy systematically penalises students for circumstances beyond their control rather than assessing what they’re actually capable of achieving.

    The philosophical question remains – should a degree classification reflect every difficult moment across three years, or should it represent genuine capability demonstrated when circumstances allow? Universities serving disadvantaged students have answered that question one way – research-intensive universities serving advantaged students have answered it another.

    OfS’s intervention threatens to impose the latter philosophy sector-wide, eliminating the flexibility that helps students from disadvantaged backgrounds show their “best selves” rather than punishing them for structural inequalities that affect their week-to-week performance.

    Now what

    As such, a regulator seeking to intervene faces an interesting challenge with no obviously good options – albeit one of its own making. Another approach might have been to cap the most egregious practices – prohibit triple-route calculations, limit best-credit selection to 90 per cent of total credits, cap borderline zones at 1.5 percentage points.

    That would eliminate the worst outliers while preserving meaningful autonomy. The sector would likely comply minimally while claiming victory, but oodles of variation would remain.

    A stricter approach would be mandating identical algorithms – but would provoke rebellion. Devolved nations would refuse, citing devolved powers and triggering a constitutional comparison. Research intensive universities would mount legal challenges on academic freedom grounds, if they’re not preparing to do so already. Post-92s would deploy equity arguments, claiming standardisation harms universities serving disadvantaged students.

    A politically savvy but inadequate approach might have been mandatory transparency rather than prescription. Requiring universities to publish algorithms in standardised format with some underpinning philosophy would help. That might preserve autonomy while creating a bit of accountability. Maybe competitive pressure and reputational risk will drive voluntary convergence.

    But universities will resist even being forced to quantify and publicise the effects of their grading systems. They’ll argue it undermines confidence and damages the UK’s international reputation.

    Given the diversity of courses, providers, students and PSRBs, algorithms also feel like a weird thing to standardise. I can make a much better case for a defined set of subject awards, a shared governance framework (including subject benchmark statements, related PSRBs and degree algorithms) than I can for tightening standardisation in isolation.

    The fundamental problem is that the UK degree classification system was designed for a different age, a different sector and a different set of students. It was probably a fiction to imagine that sorting everyone into First, 2:1, 2:2 and Third was possible even 40 years ago – but today, it’s such obvious nonsense that without richer transcripts, it just becomes another way to drag down the reputation of the sector and its students.

    Unfit for purpose

    In 2007, the Burgess Review – commissioned by Universities UK itself – recommended replacing honours degree classifications with detailed achievement transcripts.

    Burgess identified the exact problems we have today – considerable variation in institutional algorithms, the unreliability of classification as an indicator of achievement, and the fundamental inadequacy of trying to capture three years of diverse learning in a single grade.

    The sector chose not to implement Burgess’s recommendations, concerned that moving away from classifications would disadvantage UK graduates in labour markets “where the classification system is well understood.”

    Eighteen years later, the classification system is neither well understood nor meaningful. A 2:1 at one institution isn’t comparable to a 2:1 at another, but the system’s facade of equivalence persists.

    The sector chose legibility and inertia over accuracy and ended up with neither – sticking with a system that protected institutional diversity while robbing students of the ability to show off theirs. As we see over and over again, a failure to fix the roof when the sun was shining means reform may now arrive externally imposed.

    Now the regulator is knocking on the conformity door, there’s an easy response. OfS can’t take an annual pop at grade inflation if most of the sector abandons the outdated and inadequate degree classification system. Nothing in the rules seems to mandate it, some UG quals don’t use it (think regulated professional bachelors), and who knows where the White Paper’s demand for meaningful exit awards at Level 4 and 5 fit into all of this.

    Maybe we shouldn’t be surprised that a regulator that oversees a meaningless and opaque medal system with a complex algorithm that somehow boils an entire university down to “Bronze”, “Silver” Gold” or “Requires Improvement” is keen to keep hold of the equivalent for students.

    But killing off the dated relic would send a really powerful signal – that the sector is committed to developing the whole student, explaining their skills and attributes and what’s good about them – rather than pretending that the classification makes the holder of a 2:1 “better” than those with a Third, and “worse” than those with a First.

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  • The white paper on regulation

    The white paper on regulation

    The Office for Students is a creation of the 2017 Higher Education and Research Act, but this legislation was not the last word on the matter.

    It has gained new powers and new responsibilities over the years, and – looking closely at the white paper – it looks set to expand its powers, capabilities, and capacity even further.

    As the Department for Education, and as ministers and politicians more generally, make new demands of the regulator it needs to be given the power to meet these demands. And this generally needs to happen via the amendment of HERA, which almost always requires further primary legislation.

    It is clear that much of the change that ministers expect to see in the higher education sector – as set out via the white paper – needs to happen via the action of the regulator.

    Regulation, rebooted

    The 2022 Skills and Post-16 Education Act gave OfS explicit powers to assess the quality of higher education with reference to student outcomes, protection from defamation claims based on regulatory decisions, and the duty to publish details of investigations.

    The 2023 Higher Education (Freedom of Speech) Act, alongside the various measures linked directly to freedom of speech and academic freedom, attempted to grant OfS the power to monitor overseas funding – this was, in the end, not enacted.

    These decisions to give OfS new powers and new duties will have been influenced by legal embarrassment (the student outcomes and defamation issues) and perceived threats (such as on overseas funding or freedom of speech), but measures are generally finessed in conversation with the regulator and its own assessment of powers that it needs.

    It is fair to assume that OfS – famously careful around legal risk – would largely prefer to have more powers rather than less. The diversity of the sector, and the range of political and public concern about what providers actually get up to, mean that the regulator may often feel pressured to act in ways that it is not, technically, permitted to. This is not a risk limited to OfS – witness the Department for Education’s legal travails regarding Oxford Business College.

    Aspects requiring primary legislation

    The white paper offers the Office for Students a number of new powers to do things which – on the face of it – it can already do and has already done. What we need to keep an eye on here is where the amping up of these existing powers happens in a way that overrides safeguards that exist to prevent arbitrary and unfair regulatory action. It is already troubling that, unlike pretty much anyone else, the Office for Students is legally unable to defame a provider (for example by posting details of an investigation including details that are later shown to be false).

    Quality

    The Department for Education seems to labour under the misconception that OfS cannot restrict a provider’s ability to recruit on the basis of “poor quality”. It can – and has done so four times since the regulator was established. Nonetheless, the government will legislate “when parliamentary time allows” to give OfS these powers again using slightly different words – and probably modifying sections 5 and 6 of HERA to allow it to do so (currently, the Secretary of State cannot give OfS guidance that relates to the recruitment and admission of students).

    This would be part of a wider portfolio of new powers for OfS, allowing it to intervene decisively to tackle poor quality provision (including within franchise arrangements), prevent the abuse of public money at registered providers, and safeguard against provision with poor outcomes for students).

    Again – these are powers, in the broadest sense, the OfS already has. It has already intervene to tackle low quality provision (including poor quality outcomes for students) via the B3 and other B condition investigations and linked regulatory rulings. And it has already intervened on franchise arrangements (most recently opening an investigation into the arrangement between Bath Spa University and the Fairfield School of Business).

    There will be a strengthening of powers to close down provision where fraud or the misuse of public funds is identified – and here it is fair to read across to concerns about franchise provision and the work of (“unscrupulous”) UK recruitment agents. Condition E8 – which specifically addresses the wider issues of fraud and misuse of public funds, currently applies only to new registrants: it is fair to ask why extending this to currently registered providers is not under consideration as a non-legislative approach. Clearly the infamous powers of entry and search (HERA section 61) and the power to require information from unregistered providers (HERA section 62) are not cutting it.

    Linked to these, OfS will be able to build capacity to carry out more investigations and to do so at greater speed – for which in the first part we should read that OfS will get more money from DfE. It already gets roughly £10m each year, which covers things like running TEF and administering the freedom of speech complaints scheme – this is on top of around £32m in registration fees from the sector (also public money) which sounds like a lot but doesn’t even cover staff costs at OfS. We are awaiting a consultation on OfS registration fees for providers for the future, so it is possible this situation may change.

    OfS’ proposed new quality regime is centred around TEF, a “section 25” scheme in the language of HERA. Schedule 2, section 2, of HERA is clear that a section 25 scheme can be used to vary the fee cap for individual providers. Indeed, it is currently used to vary the cap – if you don’t have a TEF award (at all) you can only charge a maximum of £9,275 next year. So no fancy legislative changes would be required to make fee uplifts conditional on a “higher quality threshold” if you happened to believe that a provider’s income per student should be determined by outcomes data from a decade ago.

    Not strictly speaking “quality”, but OfS will also get stronger regulatory power to take robust action against providers that breach their duties under the Higher Education (Freedom of Speech) Act – beyond even fining providers (as it has recently done to the University of Sussex) and deregistering (or adding a condition of registration via conditions E1 and E2), a power it has had since HERA was passed. I’m not sure what would constitute more robust action than that.

    Access and participation

    The access and participation plan (APP) regime is a remnant of the work of the former Office for Fair Access (OFFA). The Higher Education Act 2004 gave this body the ability to call for and assess “access agreements”, with the approval of OFFA needed for a provider to charge higher fees. Section 29 of HERA gave the impression that handed these powers directly over to the Office for Students – but in actuality it gave a lot more direct power to the Secretary of State to specify the content of plans and the way they are assessed via regulations.

    The proposals in the white paper look for a risk-based approach to APP, but at provider level – not the more general risks associated with particular groups of students that we find in the OfS’ current approach. Providers that do well at access and participation will benefit from streamlined regulation, for those that do not the experience may involve a little more pain.

    The big change is that access and participation will now look in a lot more detail at postgraduate provision and the postgraduate student experience. And section 32(5)(b) of HERA specifically prohibits plans from addressing “education provided by means of any postgraduate course other than a course of initial teacher training”. So we could expect some kind of legislative action (it may be possible to do via regulations but if there is a bill coming then why not?) to address this issue. And besides that, there will be a load of regulations and guidance from the Secretary of State setting out what she would like John Blake or his successor to do.

    Aspects requiring changes to the regulatory framework

    Registration

    In what is fast becoming a more closely coupled tertiary sector, OfS is set to become a primary regulator for every provider of higher education. There are three sets of providers that will be affected by this move:

    • Further education colleges (FECs) delivering higher education (courses at levels 4 and above)
    • Other providers delivering provision currently funded via Advanced Learner Loans (ALL)
    • Other providers designated for student loan support, including those delivering courses via franchise and partnership arrangements.

    In each of these cases, provision that is to all intents and purposes higher education is currently delivered without the direct oversight of the higher education regulator. This may be delivered with the oversight and approval of a higher education provider (franchise and partnership provision), or with the oversight of Ofqual (there are hundreds of these).

    The regulation of this kind of provision within FECs is probably best understood – as things stand all of the fundamental regulation of these bodies (stuff like governance and financial planning) happens via the Department for Education, which took on this role from the Education and Skills Funding Agency when it was abolished on 31 March 2025. The Department then provides assurance to the Office for Students and data to HESA.

    Designation for student support nominally happens via a decision made by the Secretary of State (section 84 of HERA) – in practice this happens by default for anyone delivering higher education. As we saw in the Oxford Business College case, arrangements like this are predicated on the assumption that what we might call regulation (quality and standards, and also – I guess – fit and proper person type stuff) is pushed onto the validating organisation with varying degrees of confidence

    Advanced Learner Loan (ALL) funded provision, confusingly, is technically further education (level 3 and up) but the logic of the machinery of the Lifelong Learning Entitlement wants to bring the upper end of this provision into the ambit of OfS. There was initially supposed to be a separate category of registration for ALL provision with OfS, this plan has been scrapped.

    We’ve known informally that it was unlikely to happen for some time, but it was actually the white paper that put the nail in the coffin. OfS will be consulting, this autumn, on the disapplication of certain conditions of registration for providers in the further education sector – though this shift will be a slow process, with current ALL arrangements extending through to 2030. But this consultation is very likely to extend much wider – recall that OfS is also tasked with a more robust approach to market entry (which, again, would be done via registration).

    Likewise, OfS has been tasked with toughening up the (E) conditions on governance, and the (D) conditions on financial sustainability (which would include forming a system-wide view of sector resilience working with UKRI) – we’ve seen evidence of a rethought approach to governance in the new conditions (E7 and E9) for initial registration, and have suspected that a further consultation would apply this to more providers.

    Degree awarding powers

    The ability to award your own qualifications is an important reputational stepping stone for any provider entering the higher education sector. It has an impact on the ability to design and run new courses, and also brings a financial benefit – no need to pay capitation on fee income to your academic partners. While quality and standards play a role in OfS registration decisions, these two aspects of provision are central to assessment for degree awarding powers as expressed via:

    An emerging self-critical, cohesive academic community with a clear commitment to the assurance of standards supported by effective (in prospect) quality systems.

    The current system (as of 1 April 2023) is run by the Office for Students after the decision of the QAA to demit from the role of Designated Quality Body. There are aspects that deal with student protection, financial probity, and arrangements for progression dealt with as a precursor to a full assessment – and here OfS looks for evidence that courses have been developed and approved in accordance with sector recognised standards: currently copy-pasted from the QAA’s (2014) framework for higher education qualifications and the UKSCQA degree classification descriptions (2019).

    When this arrangement was set up back in 2022 it was somewhat controversial. There was no sign of the sector recognised standard that is the QAA Quality Code, and seemingly no mechanism to update the official list of standards recognised by the sector as they are restated elsewhere. There is a mention of sector recognised standards in HERA, but these need to be determined by “persons representing a broad range of registered higher education providers” and “command the confidence of registered higher education providers”.

    External examiners are not mentioned in the sector recognised standards (despite being a standard that is recognised by the sector), but are mentioned in DAPs criterion B3k on the quality of the academic experience, in C1g on allowing academics to be external examiners elsewhere to gain experience (which F1i clarifies should be a third of academic staff where research degrees are offered). If you are applying for full DAPs you need to send OfS a sample of external examiner reports.

    In the white paper it is suggested that government is not convinced of the value of external examination – here’s the charge sheet:

    • We will consider the extent to which recent patterns of improving grades can be explained by an erosion of standards, rather than improved teaching or assessment practices
    • We will also continue to build the evidence base on the effectiveness or otherwise of the external examining system, which we will feed into the Office for Students’ programme for reform
    • We will also seek employers’ views about whether the academic system is giving graduates the skills and knowledge they need for the workplace.

    Of course, this sails worryingly close to devolved issues, as the external examiner infrastructure extends far beyond England: it is a requirement, supported by the sector, in Wales, Scotland, and Northern Ireland. External examiners do not often have any input into awarded degree classifications (that’s degree algorithms that are set internally by providers) so are not particularly likely to be a determining factor in more people getting a first.

    Indeed, the sector came together (back in 2022) to publish a set of External Examining Principles which exist as an annex to the statement of intent on degree classifications that forms a part of the OfS’s “sector-recognised standards.” It’s a good read for anyone who does not have a full understanding of the role of external examiners, both within institutional processes and those of the many professional, statutory, and regulatory bodies (PSRBs).

    This isn’t yet at the point of a consultation, just work the Office for Students is doing to update the process – a body of work that will also establish the concept and process of granting Higher Technical Qualification awarding powers. But we should watch some of the language around the next release of the OfS’ monitoring work on grade inflation – especially as the 2022 insight brief highlighted UUK work to strengthen the external examiner system as a key tool to address the issue.

    Other new responsibilities

    White papers generally try to make changes to the provision of applicant information – we have the 2004 white paper to thank for what is now known as Discover Uni, and the 2015 white paper put forward a simple precious metals based system that we have come to love as the Teaching Excellence Framework. Thankfully this time round it is a matter of incorporating Discover Uni style data onto UCAS course pages (which, and honestly I’m sorry to keep doing this) you can already find in a “student outcomes” section operated by the Office for Students. The white paper asks for continuation data to be added to this widget – I imagine not a huge piece of work.

    It’s 2025, so every document has to mention what is popularly known as “artificial intelligence” and we more accurately describe as generative large language models. A few paragraphs tacked on to the end of the white paper ask OfS to assess the impact of such tools on assessments and qualifications – adding, almost in passing, that it expects that “all students will learn about artificial intelligence as part of their higher education experience”. In direct, but light-hearted I am sure, contravention of section 8 (a)(i) of HERA, which says that providers are free to determine the content of courses.

    Which brings us to Progress 8 – a measure used in schools policy which adds together pupils’ highest scores from eight (hence the name I suppose) GCSEs that the government thinks are important (English and maths, plus “English Baccalaureate” subjects like: sciences, history, geography, languages) and produces a cohort average used to compare schools (here it is called “Attainment 8”) and compare average performance pupils in a given school cohort with how they did in simpler subjects at primary schools as a kind of value added measure (“Progress 8”). In other words, DfE looking in the white paper to work with OfS to build Progress 8 but for higher education is another stab at learning gain measures – something we’ve been investigating since the days of HEFCE and have never been shown to work on a national scale.

    Trust and confidence

    Regulation works via the consent of the regulated. Everyone from Universities UK down has been at pains to point out that they do see the value of higher education regulation, even if it was expressed in kind of a “more in sorrow than in anger” way at the primal therapy that was the House of Lords Industry and Regulator Committee.

    But this agreement over value is determined by a perception that the actions of the regulator are fair, predictable, and proportionate. These qualities can be seen by inexperienced regulators as a block to speedy and decisive action, but the work OfS has done to reset what was initially a very fractious relationship with the sector (and associated bodies) suggests that the importance of consensual regulation is fully understood on Lime Kiln Close.

    Every time the OfS gets, or asks for, new powers it affects the calculus of value to the sector. Here it is less a matter of new powers and more an issue of strengthening and extending existing powers (despite the occasionally confused language of the white paper). Everyone involved is surely aware that a strong power is a power that is perceived as fair – and is challengeable when it appears to be unfair. The occasional lawsuits OfS (and DfE) have faced have happened when someone is keen to do the right thing but has not gone about it in the right way.

    The coming consultations – ahead of legislation and changes to the framework – need to be genuine listening exercises, even if this means adding the kind of nuance that slows things down, or reflecting on the powers OfS already has and looking for ways to improve their effective use.

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  • Can regulation cope with a unified tertiary system in Wales?

    Can regulation cope with a unified tertiary system in Wales?

    Medr’s second consultation on its regulatory framework reminds us both of the comparatively small size of the Welsh tertiary sector, and the sheer ambition – and complexity – of bringing FE, HE, apprenticeships and ACL under one roof.

    Back in May, Medr (the official name for the Commission for Tertiary Education and Research in Wales) launched its first consultation on the new regulatory system required by the Tertiary Education and Research Wales Act 2022.

    At that stage the sector’s message was that it was too prescriptive, too burdensome, and insufficiently clear about what was mandatory versus advisory.

    Now, five months later, Medr has returned with a second consultation that it says addresses those concerns. The documents – running to well over 100 pages across the main consultation text and six annexes – set out pretty much the complete regulatory framework that will govern tertiary education in Wales from August 2026.

    It’s much more than a minor technical exercise – it’s the most ambitious attempt to create a unified regulatory system across further education, higher education, apprenticeships, adult community learning and maintained school sixth forms that the UK has yet seen.

    As well as that, it’s trying to be both a funder and a regulator; to be responsive to providers while putting students at the centre; and to avoid some of the mistakes that it has seen the Office for Students (OfS) make in England.

    Listening and responding

    If nothing else, it’s refreshing to see a sector body listening to consultation responses. Respondents wanted clearer signposts about what constitutes a compliance requirement versus advisory guidance, and worried about cumulative burden when several conditions and processes come together.

    They also asked for alignment with existing quality regimes from Estyn and the Quality Assurance Agency, and flagged concerns about whether certain oversight might risk universities’ status as non-profit institutions serving households (NPISH) – a technical thing, but one with significant implications for institutional autonomy.

    Medr’s response has been to restructure the conditions more clearly. Each now distinguishes between the condition itself (what must be met), compliance requirements that evidence the condition, and guidance (which providers must consider but may approach differently if they can justify that choice).

    It has also adopted a “make once, use many” approach to information, promising to rely on evidence already provided to Estyn, QAA or other bodies wherever it fits their purpose. And it has aligned annual planning and assurance points with sector cycles “wherever possible.”

    The question, of course, is whether this constitutes genuine simplification or merely better-organised complexity. Medr is establishing conditions of registration for higher education providers (replacing Fee and Access Plans), conditions of funding for FE colleges and others, and creating a unified quality framework and learner engagement code that applies across all tertiary education.

    The conditions themselves

    Some conditions apply universally. Others apply only to registered providers, or only to funded providers, or only to specific types of provision. As we’ve seen in England, the framework includes initial and ongoing conditions of registration for higher education providers (in both the “core” and “alternative” categories), plus conditions of funding that apply more broadly.

    Financial sustainability requires providers to have “strategies in place to ensure that they are financially sustainable” – which means remaining viable in the short term (one to two years), sustainable over the medium term (three to five years), and maintaining sufficient resources to honour commitments to learners. The supplementary detail includes a financial commitments threshold mechanism based on EBITDA ratios.

    Providers exceeding certain multiples will need to request review of governance by Medr before entering new financial commitments. That’s standard regulatory practice – OfS has equivalent arrangements in England – but it represents new formal oversight for Welsh institutions.

    Critically, Medr says its role is “to review and form an opinion on the robustness of governance over proposed new commitments, not to authorise or veto a decision that belongs to your governing body.” That’s some careful wording – but whether it will prove sufficient in practice (both in detail and in timeliness) when providers are required to seek approval before major financial decisions remains to be seen.

    Governance and management is where the sector seems to have secured some wins. The language around financial commitments has been softened from “approval” to “review.” The condition now focuses on outcomes – “integrity, transparency, strong internal control, effective assurance, and a culture that allows challenge and learning” – rather than prescribing structures.

    And for those worried about burden, registered higher education providers will no longer be required to provide governing body composition, annual returns of serious incidents, individual internal audit reports, or several other elements currently required under Fee and Access Plans. That is a reduction – but won’t make a lot of difference to anyone other than the person stiffed with gathering the sheaf of stuff to send in.

    Quality draws on the Quality Framework (Annex C) and requires providers to demonstrate their provision is of good quality and that they engage with continuous improvement. The minimum compliance requirements, evidenced through annual assurance returns, include compliance with the Learner Engagement Code, using learner survey outcomes in quality assurance, governing body oversight of quality strategies, regular self-evaluation, active engagement in external quality assessment (Estyn inspection and/or QAA review), continuous improvement planning, and a professional learning and development strategy.

    The framework promises that Medr will “use information from existing reviews and inspections, such as by Estyn and QAA” and “aim not to duplicate existing quality processes.” Notably, Medr has punted the consultation on performance indicators to 2027, so providers won’t know what quantitative measures they’ll be assessed against until the system is already live.

    Staff and learner welfare sets out requirements for effective arrangements to support and promote welfare, encompassing both “wellbeing” (emotional wellbeing and mental health) and “safety” (freedom from harassment, misconduct, violence including sexual violence, and hate crime). Providers will have to conduct an annual welfare self-evaluation and submit an annual welfare action plan to Medr. This represents new formal reporting – even if the underlying activity isn’t new.

    The Welsh language condition requires providers to take “all reasonable steps” to promote greater use of Welsh, increase demand for Welsh-medium provision, and (where appropriate) encourage research and innovation activities supporting the Welsh language. Providers must publish a Welsh Language Strategy setting out how they’ll achieve it, with measurable outcomes over a five-year rolling period with annual milestones. For providers subject to Welsh Language Standards under the Welsh Language (Wales) Measure 2011, compliance with those standards provides baseline assurance. Others must work with the Welsh Language Commissioner through the Cynnig Cymraeg.

    Learner protection plans will be required when Medr gives notice – typically triggered by reportable events, course closures, campus closures, or significant changes to provision. The guidance (in the supplementary detail from page 86 onwards) is clear about what does and doesn’t require a plan. Portfolio review and planned teach-out? Generally fine, provided learners are supported. Closing a course mid-year with no teach-out option? Plan required. Whether this offers the sort of protection that students need – especially when changes are made to courses to reduce costs – will doubtless come up in the consultation.

    And then there’s the Learner Engagement Code, set out in Annex D. This is where student representative bodies may feel especially disappointed. The Code is principles-based rather than rights-based, setting out nine principles (embedded, valued, understood, inclusive, bilingual, individual and collective, impactful, resourced, evaluated) – but creates no specific entitlements or rights for students or students’ unions.

    The principles themselves are worthy enough – learners should have opportunities to engage in decision-making, they should be listened to, routes for engagement should be clear, opportunities should reflect diverse needs, learners can engage through Welsh, collective voice should be supported, engagement should lead to visible impact, it should be resourced, and it should be evaluated. But it does all feel a bit vague.

    Providers will have to submit annual assurance that they comply with the Code, accompanied by evidence such as “analysis of feedback from learners on their experience of engagement” and “examples of decisions made as a result of learner feedback.” But the bar for compliance appears relatively low. As long as providers can show they’re doing something in each area, they’re likely to be deemed compliant. For SUs hoping for statutory backing for their role and resources, this will feel like a missed opportunity.

    Equality of opportunity is more substantial. The condition requires providers to deliver measurable outcomes across participation, retention, academic success, progression, and (where appropriate) participation in postgraduate study and research. The supplementary detail (from page 105) sets out that providers must conduct ongoing self-evaluation to identify barriers to equality of opportunity, then develop measurable outcomes over a five-year rolling period with annual milestones.

    Interestingly, there’s a transition period – in 2026-27, HE providers with Fee and Access Plans need only provide a statement confirming continued commitments. Full compliance – including submission of measurable outcomes – isn’t required until 2027-28, with the first progress reports due in 2028-29. That’s a sensible approach given the sector’s starting points vary considerably, but it does mean the condition won’t bite with full force for three years.

    Monitoring and intervention

    At the core of the monitoring approach is an Annual Assurance Return – where the provider’s governing body self-declares compliance across all applicable conditions, supported by evidence. This is supplemented by learner surveys, Estyn/QAA reviews, public information monitoring, complaints monitoring, reportable events, data monitoring, independent assurance, engagement activities and self-evaluation.

    The reportable events process distinguishes between serious incidents (to be reported within 10 working days) and notifiable events (reported monthly or at specified intervals). There’s 17 categories of serious incidents, from loss of degree awarding powers to safeguarding failures to financial irregularities over £50,000 or two per cent of turnover (whichever is lower). A table lists notifiable events including senior staff appointments and departures, changes to validation arrangements, and delays to financial returns. It’s a consolidation of existing requirements rather than wholesale innovation, but it’s now formalised across the tertiary sector rather than just HE.

    Medr’s Statement of Intervention Powers (Annex A) sets out escalation from low-level intervention (advice and assistance, reviews) through mid-level intervention (specific registration conditions, enhanced monitoring) to serious “directive” intervention (formal directions) and ultimately de-registration. The document includes helpful flowcharts showing the process for each intervention type, complete with timescales and decision review mechanisms. Providers can also apply for a review by an independent Decision Reviewer appointed by Welsh Ministers – a safeguard that universities dream of in England.

    Also refreshingly, Medr commits to operating “to practical turnaround times” when reviewing financial commitments, with the process “progressing in tandem with your own processes.” A six-week timeline is suggested for complex financing options – although whether this proves workable in practice will depend on Medr’s capacity and responsiveness.

    Quality

    The Quality Framework (Annex C) deserves separate attention because it’s genuinely attempting something ambitious – a coherent approach to quality across FE, HE, apprenticeships, ACL and sixth forms that recognises existing inspection/review arrangements rather than duplicating them.

    The framework has seven “pillars” – learner engagement, learner voice, engagement of the governing body, self-evaluation, externality, continuous improvement and professional learning and development. Each pillar sets out what Medr will do and what providers must demonstrate. Providers will be judged compliant if they achieve “satisfactory external quality assessment outcomes,” have “acceptable performance data,” and are not considered by Medr to demonstrate “a risk to the quality of education.”

    The promise is that:

    …Medr will work with providers and with bodies carrying out external quality assessment to ensure that such assessment is robust, evidence-based, proportionate and timely; adds value for providers and has impact in driving improvement.

    In other words, Estyn inspections and QAA reviews should suffice, with Medr using those outcomes rather than conducting its own assessments. But there’s a caveat:

    “Medr has asked Estyn and QAA to consider opportunities for greater alignment between current external quality assessment methodologies, and in particular whether there could be simplification for providers who are subject to multiple assessments.

    So is the coordination real or aspirational? The answer appears to be somewhere in between. The framework acknowledges that by 2027, Medr expects to have reviewed data collection arrangements and consulted on performance indicators and use of benchmarking and thresholds. Until that consultation happens, it’s not entirely clear what “acceptable performance data” means beyond existing Estyn/QAA judgements. And the promise of “greater alignment” between inspection methodologies is a promise, not a done deal.

    A tight timeline

    The key dates bear noting because they’re tight:

    • April 2026: Applications to the register open
    • August 2026: Register launches; most conditions come into effect
    • August 2027: Remaining conditions (Equality of Opportunity and Fee Limits for registered providers) come into full effect; apprenticeship providers fully subject to conditions of funding

    After all these years, we seem to be looking at some exit acceleration. It gives providers approximately six months from the consultation closing (17 December 2025) to the application process opening. Final versions of the conditions and guidance presumably need to be published early 2026 to allow preparation time. And all of this is happening against the backdrop of Senedd elections in 2026 – where polls suggest that some strategic guidance could be dropped on the new body fairly sharpish.

    And some elements remain unresolved or punted forward. The performance indicators consultation promised for 2027 means providers won’t know the quantitative measures against which they’ll be assessed until the system is live. Medr says it will “consult on its approach to defining ‘good’ learner outcomes” as part of a “coherent, over-arching approach” – but that’s after registration and implementation have begun.

    Validation arrangements are addressed (providers must ensure arrangements are effective in enabling them to satisfy themselves about quality), but the consultation asks explicitly whether the condition “could be usefully extended into broader advice or guidance for tertiary partnerships, including sub-contractual arrangements.” That suggests Medr has been reading some of England’s horror stories and recognises the area needs further work.

    And underlying everything is the question of capacity – both Medr’s capacity to operate this system effectively from day one, and providers’ capacity to meet the requirements while managing their existing obligations. The promise of reduced burden through alignment and reuse of evidence is welcome.

    But a unified regulatory system covering everything from research-intensive universities to community-based adult learning requires Medr to develop expertise and processes across an extraordinary range of provision types. Whether the organisation will be ready by August 2026 is an open question.

    For providers, the choice is whether to engage substantively with this consultation knowing that the broad architecture is set by legislation, or to focus energy on preparing for implementation. For Welsh ministers, the challenge is whether this genuinely lighter-touch, more coherent approach than England’s increasingly discredited OfS regime can be delivered without compromising quality or institutional autonomy.

    And for students – especially those whose representative structures were hoping for statutory backing – there’s a question about whether principles-based engagement without rights amounts to meaningful participation or regulatory box-ticking.

    In England, some observers will watch with interest to see whether Wales has found a way to regulate tertiary education proportionately and coherently. Others will see in these documents a reminder that unified systems, however well-intentioned, require enormous complexity to accommodate the genuine diversity of the sector. The consultation responses, due by 17 December, will expose which interpretation the Welsh sector favours.

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