Category: Regulation

  • Your 2025 higher education policy almanac

    Your 2025 higher education policy almanac

    Well, it’s January again.

    The early months of last year were dominated by the Conservatives’ slow swan dive into electoral oblivion, and then we got a general election that saw little serious discussion of the sector’s future, aside from the trotting out of a few old canards.

    And since Labour took power in July, there have been two broad phases: an initial “these things take time” framing in which universities – as well as many other groups and industries – were asked to be patient. In November we got the tuition fee uplift in England (in cash terms, for one year) and news of a bigger reform plan due next summer. A little movement, but in grand terms it was still can-kicking. Even the concrete announcements we’ve had, such as on level 7 apprenticeships, have not been accompanied by detailed policy papers or formal consultations.

    There’s reason to think that 2025 will have more for wonks to get their teeth into. There’s plenty pending, promised, or otherwise pretty damn urgent. So the below is an attempt to reckon with absolutely everything we know is on its way that matters for HE. Please charitably ascribe any oversights to a post-holidays sugar crash on my part rather than wilfully turning a blind eye, and let me know what I’ve missed in the comments.

    Big ticket items

    In Westminster politics, the first half of next year is going to be completely dominated by the spending review, which will set departmental budgets for three financial years (2026–29) as well as lay out a five-year programme of capital spending. It has always been described as being “in the spring”, but recent reports suggest that Labour will fly as close to the summer solstice as they can with this definition, so make sure you’ve got some free time in June to deal with the fallout.

    If what we read in the papers is to be believed, what is – counterintuitively – the default policy of inflation-linked tuition fees will be confirmed for England at this point, taking us up over £10,000 a year by the end of the Parliament.

    This is also when we’ll hear more about the government’s plans for ten-year R&D budgets. Attendees of the 2023 Labour conference may recall science secretary Peter Kyle promising a decade of confirmed funding for UKRI and ARIA – this commitment has been repeatedly qualified since then, partly due to issues of practicality (given that it’s not a ten-year spending review) and partly due to a question mark over whether fixing research spending in this way is really a good idea. It’s likely to be restricted now to “specific R&D activities” – the (much) bigger question will be around levels of investment in R&D. Plus we’ll see to what extent the government really wants to commit to linking research and its missions – last autumn brought only a small pot of cash for this in 2025–26.

    Also due alongside the spending review is “further detail and plans for delivery” for the Lifelong Learning Entitlement – so don’t expect to hear much more before then, though the delayed commencement in 2027 makes the need for information marginally less pressing. And the finalised industrial strategy will also arrive, “aligned with” (and likely published together with) the spending review, laying out specific sector plans for areas like the creative industries, the life sciences, and professional services. Once complete, the idea is that these plans can then inform Skills England’s work, and potentially migration policy – it’s all very ambitious.

    The HE reform announcement in England that we’ve been promised for “the summer” will land – it appears – fairly hot on the heels of the spending review settlements, and any money needed for it will need to have been allocated already, or at least tucked in to Office for Budgetary Responsibility (OBR) projections in some way. On the topic of the OBR, its spring forecast is due on 26 March – there are rumblings that its revised projections could spell fiscal trouble for the government.

    There are also clear indications that the HE reform statement will be preceded, or possibly accompanied, by a review of some kind. There have been rumours of a panel in place, and the indications are that this will fly under the radar somewhat and happen quickly – think Becky Francis’ curriculum review or Lord Darzi’s NHS audit, rather than a grand commission in the traditional “major review” style we have become used to.

    Around the sector

    Part of the Westminster government’s reform agenda is predicated on the sector coming up with ideas itself, which may end up drawing quite a lot on Universities UK’s blueprint from back in September. UUK’s own “efficiency and transformation taskforce” will be busy putting out recommendations on business models and collaboration, with the endorsement of education secretary Bridget Phillipson – “all options are on the table,” we are told, with plenty of policy debate likely to ensue once publications begin to appear.

    With many universities in poor financial shape, the search for longer-term sustainability will likely be derailed at regular intervals by news of redundancies and course closures. National industrial action is a possibility, though there are real questions around the willingness of struggling union members to take action on pay at this point. Local disputes will continue to flare up. Alongside this we have a renewed push for newer English universities to be exempted from the Teachers’ Pension Scheme due to the massively increased costs it is now carrying, a move which would substantially inflame industrial relations if it came to pass.

    And looming over all of this is the possibility of a disorderly market exit, and the question of whether the government has a viable plan in place to step in if a large institution were to hit the wall. All the other policy developments we are highlighting here could be hugely complicated by a sudden shock to the system and what is likely to be a political rather than a strategic response.

    The world of regulation

    There’s a lot to look out for from the Office for Students, from the appointment of a new permanent chair down (interviews are being held this month).

    There’s the ongoing consultation on a new strategy, the continuing fallout from the temporary closure of the register (this should supposedly also bring new proposals on improvements to the registration process), whispers of a more “integrated approach” to quality and whatever that means for the TEF, and a greater regional focus to access and participation.

    We should start getting assessment reports for the second round of quality investigations (where franchising and foundation years will be a focus) as well as the belated release of those grade inflation investigations that were announced on 2 September 2022. We’re waiting for consultation responses on a new approach to public grant funding and even on LLE regulation, though you can’t blame them for waiting to see what exactly the government is planning with this one.

    According to last summer’s business plan, there should also be consultations of potential new initial conditions of registration on both management and governance, and consumer protection. And this year’s National Student Survey will have a sexual misconduct questionnaire appended – though it’s not clear at time of writing to what extent the results will be made public.

    Over in Wales, Medr is taking shape, with a finalised strategic plan due to have been submitted to the Welsh government for approval just before the Christmas break – we should hear more of this soon, along with the consultation response.

    And if all that sounds like a lot, in Scotland we are due a Post-School Education Reform Bill at some point in the 2024–25 parliamentary session, which will make big changes to how the Scottish Funding Council (SFC) and Student Awards Agency Scotland operate. A consultation which closed in September asked stakeholders for thoughts on what the funding agency landscape should look like – we haven’t heard much since then. The sector is keen to stress the importance of universities retaining their autonomy, whatever happens – legislative passage could see MSPs push for new duties on the SFC.

    We’ve been aware for a long time that the Office for National Statistics is undertaking a review into whether higher education should be seen as “public sector” in the national accounts – it’s now been slightly rejigged into a review of the statistical classification of “the transactions in which UK universities engage.” For what is a very technical definition, an eye over the recent travails of the FE sector suggest that there are potential implications for everything from procurement to senior staff pay. The long delayed work will kick off early in 2025.

    The research agenda

    What little research policy we’ve seen come out of the new government so far has been limited to haggling over budgets and science minister Patrick Vallance stressing that ministers should not meddle in university research. There’s no reason to think we will get big policy pronouncements out of the Department for Science, Innovation and Technology, which feels more interested in the tech and digital side of its remit, both legislatively and aesthetically. But there’s lots going on around the margins that could end up being quite consequential.

    First up we have the appointment of a new UKRI chief executive, where there’s already evidence the new minister has been having a think about longer term strategic direction. While the new roleholder won’t take up office until June, we should get news of the appointment fairly soon.

    In the Research Excellence Framework world, the “modular” approach to releasing different policies on a staggered timetable will see the release of the volume measure policy (imminently) and the contribution to knowledge and understanding policy (scheduled for the summer). The more contentious people, culture and environment pilot will continue throughout the year, with criteria and definitions due for the winter – any slippage on this will likely provoke controversy.

    At UKRI, January will bring an update on its work reviewing how PGR stipends are set (as well as the stipend level for 2025–26). Elsewhere, the ongoing National Audit Office work looking at UKRI grants and loans could be a wildcard – it’s due to report in spring 2025 – and at the very least is a moment where the government will need to comment on how the research funding system is operating. Research England is also thinking about the current state of research infrastructure, via its condition of the estate survey, and how the sector’s financial challenges are affecting research – for both of these pieces of ongoing work, it’s doubtful that much will be shared publicly.

    Further afield, a European Commission proposal for the successor to Horizon Europe is due midway through the year, preceded by an interim evaluation of the current funding programme which will likely give an indication of its plans. We will also get regulations for the Foreign Influence Registration Scheme in the new year – the measures, which will speak to research security, are now expected to come into effect in the summer. It’s been reported that the government is resisting calls to put China on the “enhanced tier” of the scheme, a move that would have greatly complicated UK-China academic partnerships. On a related note, the government has quietly been conducting a “China audit” – this will be released in the coming months, and in theory will spell out the policy areas where closer ties will be permitted.

    Finally, the House of Commons Science, Innovation and Technology Committee will be conducting a timely inquiry into regional R&D, which should be a good opportunity for some more insight into how the government’s English devolution-related plans for more mayoral involvement in the research system will come together.

    International

    If you had to pick a policy area that will have the biggest macro impacts on the sector in 2025, you could do a lot worse than opt for international recruitment (you would arguably have been proved right if you’d chosen it in any of the last few years).

    Two big policy items are on their way here: a legal migration white paper, spelling out how the government will fulfil its electoral promise to bring net migration down. And a revised international education strategy (IES), which we’re told is coming “early spring” – whether it will appear before, after, or alongside the white paper remains to be seen, but could be significant.

    The big questions here are whether the government will put a recruitment target on the face of the strategy – the aspiration for 600,000 students in the last one ended up coming back to haunt the Conservatives among their own base – and what the plan for education exports targets might be. But there are other areas we could see movement, such as on post-study work, where some in the sector seem hopeful that a little improvement could be on offer, despite the enormous political pushback the Graduate route has faced over the last couple of years. It feels like an outside bet.

    More important to keep an eye on will be whether some kind of arrangement is arrived at with net migration statistics – we know that the Office for National Statistics is looking at how estimates excluding students could be arrived at, and it’s been on the higher education sector’s wishlist for years.

    If it did come to pass, the devil would very much be in the detail – the Migration Advisory Committee annual report has already been noting the contribution that students make to long-term net migration, and Starmerite think tank Labour Together’s recent proposal is for visa routes such as Skilled Worker and Graduate to have multi-year targets, even if the Student visa does not. Put like that, it sounds like a recipe for universities to recruit pretty freely but for students’ post-study options to remain a political football – the seeming lack of student involvement in the IES review would appear all the more glaring in this case. The Universities UK blueprint did promise a kind of quid pro quo on responsible international recruitment, and it has been notable that government ministers have stressed the importance of housing availability when the question has come up in Parliament recently.

    Whatever comes out of it, it looks clear that the Home Office will continue to toe a careful line on student visas, and continue to implement the last government’s Graduate route review response. The use of “action plans” by UKVI for certain providers will continue, even if there is no substantive public comment from the Home Office about what these are and why they are being imposed. And there will also be a review of English language self-assessment policies over the next few months, “driven by growing concern around underlying reasons for reports of students being picked up at the border or entering UKHE with low levels of English” (in UUKi’s words). It’s unlikely much will be shared publicly about these, but they are items to watch, especially in the event that there is further negative publicity about international students in the media.

    It’s worth stressing that developments in migration and visa policy do not only affect students – the House of Lords Science and Technology Committee is next week highlighting the interplay between visas and international researchers, and there are ongoing issues such as the future of the family visa income threshold where the government will eventually need to take a position.

    And despite all this policy in play, the three most significant factors for future international recruitment with likely be the Australian federal election – where the incumbent government’s attempts to impose number caps have been thwarted by an opposition that wants bigger caps – the Canadian election – which could happen at any minute if Justin Trudeau is forced out, and where the Conservatives are strongly favoured to take power – and the impact of Donald Trump on the USA, where universities are already reportedly asking international students to return before he takes office. All these things have the potential to greatly benefit the UK “market”.

    Skills, skills, skills

    Before we get any HE reform news out of Westminster, there’s going to be policy elsewhere in the post-compulsory system, with Skills England gearing up for action – we’ll learn the appointments of chief executive and permanent chair pretty soon – and various policy pronouncements at this end of the tertiary sector are overdue.

    Probably the most impactful for higher education is confirmation about exactly what is happening with the apprenticeship levy, both in wider terms of the planned additional flexibility for non-apprentice courses (this will be less than the 50 per cent originally proposed… at least probably), and for the “defunding” of level 7 apprenticeships.

    Many universities are big operators in this space, and it appears that most if not all of these programmes will be removed from the levy’s scope (“a significant number” is the most recent framing from the government). Over Christmas the Telegraph reported that the much-feted doctor apprenticeship is now “paused in perpetuity”. We should get the full picture very soon, as well as the much-awaited post-16 strategy, which you would hope would give a decent insight into the government’s wider vision for tertiary education. Though it may not.

    The defunding of level 7 apprenticeships is also relevant for those higher education institutions that have been spending their levy contributions on such courses for their staff as part of their professional development offer. DfE assures us all that employers are more than welcome to pay for them using different funds, “where they feel they provide a good return on their investment.”

    Our world in data

    We’re getting the outcome of the Data Futures review soon! There may be some lessons to learn about programme management and platform delivery, which could play out as a shared commitment to improving processes or as an unedifying multi-agency row. Whatever the case, this year’s HESA Student data will arrive later than usual – “in the spring, earlier than last year’s August publication but later than the January release date achieved in previous years.” Whether this is spring as in daffodils, or spring as in spending review, remains to be seen – but the delay (and issues with data quality as we saw last year) will have a knock on effect on data releases elsewhere, once again.

    At the end of this month we are getting HESA Staff data for 2023–24. The headline figures from last year’s release did get quoted the odd time by the previous government – in answer to questions about the impact of redundancies and cuts, it would occasionally be pointed out by ministers that (academic) staff numbers were still rising when you look at the sector as a whole. These figures won’t show the impact of this academic year’s cuts, however.

    Of course, elsewhere we have the usual releases which make up the HE wonk’s annual working rhythm. UCAS end-of-cycle numbers, at provider level, are due out at the end of January, and further down the line (probably around spending review time!) we have HESA Finance data and the Office for Students’ accompanying financial sustainability report, which will likely once again be a moment of maximum attention for higher education’s bottom line.

    One other piece of data we are getting this spring is a new ONS release on student suicides. This will come alongside the independent review commissioned by the last government, and whatever the findings is likely to generate a lot of press coverage and renewed pushes from campaign groups and opposition parties for a statutory duty of care. Early indications from the current government is that they are happy with the voluntary, sector-led approach to mental health – but things can change.

    Elsewhere in government

    It’s amazing it’s taken us this long to get to it, but probably the biggest, most controversial item on DfE’s to-do list is a decision on the fate of the free speech act and its associated provisions and complaints scheme. The Free Speech Union has its day in court on 23 January as part of a legal challenge over the pausing of the bill’s commencement – it’s just possible that the government will try to get a decision out before then. Or it could all drag on intractably for several more months, very much in keeping with the legislation’s passage through Parliament.

    Another hugely consequential move which we may see from DfE this month is the launch of a consultation on proposals to “strengthen oversight of partnership delivery in higher education” in conjunction with OfS. The department “will be developing options for legislative change, if required,” the Public Accounts Committee was told back in September, with a target date of January 2025 for an update.

    We’re due impact assessments and regulations for the tuition fee and maintenance “increases”, which should also involve a government pronouncement on how much the national insurance increase will cost the sector. And while it’s not higher education business, the soon-to-appear curriculum review (covering the curriculum in England from key stage 1 to key stage 5) will have long-term consequences for the wider education system – as well as likely sparking further backlash among those worried about it recklessly promoting diversity and risking PISA scores.

    Elsewhere in Westminster, the ongoing parliamentary passage of massive pieces of legislation will have big consequences for universities and students. The Employment Rights Bill and the Renters’ Rights Bill will both likely see some amendments, and we’re still awaiting the text of the English Devolution Bill and the promised “Hillsborough” bill. The government’s NHS plan for change – again, due at some point in the spring – and proposed updates to the NHS Long-Term Workforce Plan are important to keep an eye on as well.

    Up in Scotland, one day we may see the fruits of the ongoing review of student maintenance for part-time students. Negotiations over the 2025–26 budget will dominate the parliamentary agenda in the early part of the year, with ministers appearing in front of committees to get into the details of what exactly will be funded and what will not – and then the countdown to 2026 elections begins (all of this sentence is also true in Wales).

    It’s dangerous to go alone – take this

    If you’ve made it this far, congratulations. It feels like there is currently a huge number of moving parts in play in policy-land, all of which will contribute to the future shape and operations of the UK higher education sector in various, often hard-to-predict ways. Some are pretty immediate, others are issues that should have been tackled long ago, and then there are long-term policy changes that will be massive news in the 2030s.

    Here at Wonkhe we try to cover every single policy development that affects the sector, especially in our Daily Briefings (which restart on Tuesday 7 January – my alarm is already set).

    So if you’re interested in following even a fraction of the stuff that’s set out above, do join us for the ride this year. And fair warning, it’s likely that a good number of the most important developments that 2025 has in store for us are not even on this list. We’ll cover those as well, the moment they arrive.

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  • Universities want more money upfront. DfE wants proof students are really there

    Universities want more money upfront. DfE wants proof students are really there

    When students get their student maintenance loans, they get the first instalment a lot earlier than their university gets the corresponding tuition fee payment.

    That might help explain the curious case of disparities between pulldown – but there’s a sound theory to it. Students without savings could face a cashflow issue if it was any other way.

    It’s becoming a problem for universities too. The Office for Students’ (OfS) financial sustainability update report highlights low liquidity levels in the sector – especially during certain points in the annual cycle.

    That matters because universities have to meet minimum liquidity requirements in the registration conditions in England. A failure to maintain those levels can also impact “going concern” status and breach some lending covenants.

    In the past, cash flow imbalances tended to be offset by other income sources, borrowing, or cross-subsidies, such as from international student fees.

    But given how universities operate and the demands on cash before those SLC payments come in, there is in some providers a disproportionate reliance on arrears payments from SLC-funded students compared to other funding sources.

    For non-SLC funded students, universities typically charge fees upfront (or at least in front-loaded advance instalments) or get payments for stuff like government-funded apprenticeships monthly. Research funding streams also match payments to incurred costs.

    But the SLC’s payment profile for undergrads is 25:25:50 – so universities face significant upfront costs in the first two terms and then wait longer than standard 30-day payment terms to receive funds, forcing them to bridge the gap using other resources.

    So the University Alliance has a proposal – switch those payments to 40:40:20 to improve the sector’s funding position:

    Even if the move was phased first to 33:33:33 and then to 40:40:20 it would have an immediate impact on the current situation which has been adversely impacted by the previous administration’s approach to international student recruitment through restrictive visa policies.

    The current system is going to have to undergo change anyway, given the potential implications of the LLE. I note in passing that one of the most common student leader manifesto goals this year is better, less front-loaded instalments – surely the principle (and the issue in terms of cashflow) cuts both ways.

    But UA’s proposal might not land in quite the way intended – partly because the Student Loans Company is under pressure to increase yield.

    Leakage

    DfE’s “Tailored Review” of the Student Loans Company back in July 2019 talked of the rapidly increasing size of the student loan book, and the increasing importance and value of having a robust, well-resourced and effective repayment strategy which actively seeks to maximise yield.

    That said that the SLC is hamstrung by IT systems which do not “adequately facilitate the use of smart diagnostics for effective modelling, proactive use of data analytics and more precise customer segmentation” to minimise repayment leakage:

    Indeed, unverified customers account for c. £7bn of uncollected repayments (although many of these would not be in a position to repay)

    September’s SLC board minutes noted that its CEO had been along to DfE’s Audit and Risk Committee, where the department led an item on the student finance loan book, with an emphasis on its “scale and yield potential”.

    And its newly published Business Plan for 2024-25 says it will work with partners in DfE to progress proposals to “improve repayment customer verification rates”, “improve data quality to increase verification and yield” and look at options to apply stronger sanctions to customers not adhering to the terms and conditions of their student finance repayments.

    Some of that is about the SLC’s systems – but one of the problems noted in the National Audit Office’s report into franchising is that there is often “insufficient evidence” that students are attending and engaging with their courses:

    In determining a student’s eligibility for loan payments, and before making payments, SLC uses lead providers’ data to confirm students’ attendance. Lead providers self-assure their own data… there is no effective standard against which to measure student engagement, which attendance helps demonstrate, and there is no legal or generally accepted definition of attendance. Providers themselves determine whether students are meaningfully engaged with their course.

    So in a set of circumstances where the NAO and the Public Accounts Committee (PAC) are already worried about attendance and engagement, and providers are worried about their own cashflow, it seems unlikely that DfE is going to be receptive of a proposal to give providers more of the money early – especially if, in the case of franchised provision, it can’t just claw it back from the lead provider if there’s a problem like the Applied Business Academy.

    As we noted back in October, the government’s response to the NAO and the PAC was that it published guidance on attendance management in May, against which providers can be held to account “in relation to the release of SLC tuition fee payments”.

    That said that there is an “understanding and acceptance” across the sector that providers should have in place published attendance and engagement policies, so that students understand the commitment expected of them and the respective process a provider follows if attendance expectations are not met.

    It also said that in any circumstance where a provider does not have a published policy, the department “expects” that one will exist from the 2024-25 academic year – but it’s pretty clear talking to people around the country that that goal hasn’t been meaningfully met in large parts of the sector, at least in terms of a policy that both covers home students and is “auditable”.

    And part of the difficulty there is what is or isn’t meant by “attendance”.

    Attending isn’t always in person

    The Attendance Management guidance says:

    Attendance means participation in a course by a student, including, but not limited to, teaching face-to-face or blended study, in line with a provider’s published attendance policy. A provider should communicate its policy to a student and have an auditable process in place to support the action it may take when a student does not meet attendance expectations.

    It goes on to say that providers have flexibility to ensure every student engages with a course, and that the student and/or the course may require greater or less attendance than another due to circumstances or content.

    SLC told me that there is no difference between “attendance” and “engagement” – the definition of “attendance” for student finance purposes is active and ongoing engagement. Crucially, it said that “attendance” doesn’t have to mean “in person”, or “studying on campus”.

    But the conflation of “attendance” and “engagement” doesn’t seem to apply when a course is designed and designated. Noting that “blended learning” combines traditional classroom teaching with online learning and independent study, it says that there has been some confusion as to whether these courses should be coded as distance learning courses:

    Courses of any teaching method are distance learning if the students only attend occasionally, for example once a term. If students attend regularly, for example once a week, and follow a structured timetable, the course is not distance learning and you should not add it to CMS as such.

    That paragraph draws a clear distinction between attendance and engagement. Its two scenarios also appear to draw a distinction between (physical) attendance and “engagement”:

    • Scenario 1: Thomas is studying a BA Hons in sports coaching. His course hours are 30 weeks online study including lectures and tutorials, 2 days per week physical attendance at sports academy, 6 days per year attendance at university. As Thomas needs to attend the sports academy regularly rather than occasionally, this is an in-attendance course.
    • Scenario 2: Kate is studying an HND in Musical Theatre. Her course hours are 30 weeks online study including lectures and tutorials, 3 days per year (1 day per term) attendance at college. As Kate only needs to attend college occasionally rather than regularly, this is a distance learning course.

    The difference between Scenario 2 and the patterns of attendance being seen by many providers around the country this term is that in that scenario, the course is designed not to include regular physical attendance.

    A two-stage process

    SLC told me that whether it’s distance or in-person, engagement on a course is required and confirmation of that engagement is therefore required for SLC to make a fee loan payment on the student’s behalf.

    Ongoing engagement is not part of the definition of in-person or distance learning. That distinction relates to the attributes of the course that is supplied by the provider, as to whether the course has elements of in-person learning or if the student is not required to be in-person.

    But the obvious question is as follows. Notwithstanding codified exemptions for disabled students, if a course is designed as blended, would an acceptable “attendance management” policy for a course of that sort allow a student to engage all term, but only occasionally physically attend?

    If yes, and Kate’s HND wasn’t designed as blended, and her mate Kathy was on a course that was designed as blended, that would seem to mean that they could both have exactly the same attendance and engagement pattern, but Kathy would get a maintenance loan while Kate wouldn’t.

    If, on the other hand, a course was designed as blended and requiring regular in-person attendance, and SLC would expect an attendance/engagement policy to enforce that regular in-person attendance, there’s plenty of providers right now falling foul of those expectations.

    So you end up with three categories:

    1. Providers who’ve never really had a proper policy on any of this for home students – let alone enforce one – beyond noticing if a student doesn’t submit what can often be end-of-year summative assessment.
    2. Providers who designed a course as blended where students are in reality engaging in a “distance learning” kind of way – which, while confirming engagement in accordance with the rules, seems hugely unjust to tens of thousands of OU students if nothing else.
    3. Providers who are heavily auditing and requiring physical attendance – partly to achieve parity with international students – at just the point that students are struggling to attend in-person given wider demands on their time.

    It may well be the case that SLC is stuck with the definitions it has – which in part date back to the Teaching and Higher Education Act 1998.

    But if it’s the case that it’s OK for an attendance policy to not actually require regular in-person attendance, it’s hard to believe that whatever size and shaped-problem that DfE and the SLC have with student loan fraud is going to get anything other than worse.

    And in the end, this all comes back to an old problem – not knowing what’s going on underneath headline non-continuation.

    How far in?

    Remember those risks that OfS identified in its insight brief on subcontracting:

    • Data of extremely poor quality has been submitted in relation to students at some subcontractual partnerships, leading to payments being made to, and on behalf of, students who are not genuinely entitled to them.
    • Delivery partners have lacked clear attendance policies, making it almost impossible for lead providers to submit accurate data to the OfS and the SLC in relation to these students.
    • Students have been encouraged to register for courses that they do not genuinely intend to study, to access public funding through maintenance loans. In some cases, students have withdrawn from courses shortly after receiving these funds; in others there are grounds to doubt that they are continuing to study, despite their termly attendance being confirmed.

    Whether we’re looking at a select group of partnerships as OfS published data on last week or directly taught provision, while we know what percentage of UG students don’t make it to the second year, we don’t know what proportion:

    • Got instalment 1 of the maintenance loan but didn’t get as far as “engaging” enough for the provider to claim instalment 1 of the tuition fee loan (they don’t show up at all in non-continuation)
    • Engaged enough to enable the provider to claim instalment 1 but not enough to enable the provider to claim instalment 2 (and what proportion of them claimed maintenance instalment 2)
    • Engaged enough to enable the provider to claim instalment 2 but not enough to enable the provider to claim instalment 3 (and what proportion of them claimed maintenance instalment 3)
    • Engaged enough to enable the provider to claim instalment 3 but then failed and was withdrawn
    • Engaged enough to enable the provider to claim instalment 3 and was eligible to progress but then self-withdrew
    • And we don’t know any of the above for subsequent years of study.

    In many ways, what we have here is (yet) another iteration of the stretch involved in a single level playing field. There have been endless tales down the years of Russell Group alumni not really “engaging” at all for entire years, and in some cases entire degree courses – only to pull it out of the bag at the end. It’s an adult environment, after all.

    On the other hand, with another part of the sector now under close scrutiny over ghost students of differing definitions – just as the FE sector saw scandals over in the 90s – it doesn’t feel like that kind of legend is to be allowed.

    In terms of the cashflow thing, if DfE and the SLC are going to push more of the money upfront, they’re surely going to want to know the percentages and numbers in each of the above categories.

    And the accuracy of those percentages and numbers involves providers being sure about “enough” engagement – in an auditable way across the diversity of programmes and reasonable adjustments – to tick the box in the data return to SLC three times a year.

    It does feel like there’s some distance to go on all of that as it stands.

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  • Collaboration is key when it comes to addressing harassment and sexual misconduct

    Collaboration is key when it comes to addressing harassment and sexual misconduct

    In all of the noise about the OfS’s new regulation on harassment and sexual misconduct there’s one area where the silence is notable and disappointing – sector collaboration.

    Back in 2022, the independent evaluation of the OfS statement of expectations on harassment and sexual misconduct made a clear recommendation that OfS and DfE “foster more effective partnership working both between HE providers and with those external to the sector. Now, having published details of the new condition E6 and the accompanying guidance, this seems to have been largely forgotten.

    There’s a nod to the potential benefit of collaboration in OfS’s analysis of consultation responses, but it only goes as far as to say that providers “may wish to identify collective steps” – with little explanation of what this could look like and no intention or commitment to proactively support this.

    This feels like a significant oversight, and one that is disappointing to say the least. It’s become clear from our work with IHE members that collaboration needs to be front and centre if we have any hope as a sector of delivering in this area. Without it, some providers – especially smaller ones – will not be able to meet the new requirements, creating risk and failing to achieve the consistency of practice and experience that students expect. This feels even more true given the current context of widespread financial insecurity. Any new regulation ought to be presenting mechanisms and incentives to collaborate – and reduce costs in doing so.

    Working together for a stronger sector – or only sometimes?

    The silence around collaboration is also surprising, given that in other spheres it is seen to be – and in many cases is – the solution to institutions meeting regulatory requirements and student expectations. John Blake’s latest speech on a regional approach to access and participation is just one example of this. There is implicit recognition that in this era of “diminishing resources”, working together is the solution. There’s also the recognition that partnership working needs funding – more on that later.

    It’s also surprising given that OfS has made clear that both providers in any academic partnership are responsible for compliance with the new condition, including where there’s a franchise arrangement. This seems like an open door for collaborative approaches, given that over half the providers on the register do not have their own degree awarding powers. However, as usual, it is unclear what this means in practice. There is no reference in the regulation to how the OfS would view any collaborative efforts, or examples of what this might look like in practice.

    Academic partnerships make logical collaborators

    IHE’s recent project on academic partnerships demonstrates the potential of such arrangements for collaboration that benefits both providers and their students. Our research found a number of innovative models where awarding institutions facilitated collaboration with and between their academic partners in areas including shared learning opportunities and use of shared platforms.

    There’s a clear opportunity here when it comes to staff training. All institutions need to have staff who are “appropriately trained”. Training in areas such as receiving disclosures and conducting investigations benefits from group delivery – where staff can learn from each other. A small provider might only have one or two staff who require it, meaning they are unlikely to draw much benefit from this. It would also make such training prohibitively expensive. It’s likely to need to be delivered by an external organisation (to ensure the “credible and demonstrable expertise” required) and such solutions aren’t scaled to an institution with just a handful of relevant staff. Awarding institutions sharing such group training would solve this – and also benefit shared processes in that staff across both institutions have the same level of knowledge and competence.

    A further benefit of shared training would be that partners could share staff when investigations need greater independence than a small provider can offer. This could be staff from the awarding partner, or another academic partner. This would effectively bring together useful knowledge of institutional context, policies and processes with the necessary external objectivity to run a credible investigation.

    Another opportunity for collaboration is in shared online reporting tools. These can be an effective way of encouraging disclosure, but such systems are often not scaled for small institutions. As well as being more cost-effective, sharing these could lead to greater confidence of students reporting in the independence of tool and the process that follows.

    Think local – for everyone’s sake!

    Regional or local collaboration is the other area with the potential to benefit students, providers, and other services supporting those who experience harassment or sexual misconduct.

    Local or regional collaboration on reporting and investigation can support disclosure by creating more independence in the system. The independent evaluation spoke specifically of this, recommending the facilitation of

    formal or informal shared services, such as regional support networks, and in particular regional investigation units or hubs.

    And it would enable more effective partnerships with external support services. Rather than every provider trying to establish a partnership with a local service (putting a greater burden on groups who are often charities or not-for-profits), group collaborations could streamline this. This needs to include all types of provider, including small providers and FE colleges delivering HE. This would be more efficient, reduce unhelpful competition for the limited resource of the service, and ensure that all students have access to these support services irrespective of their place of study.

    Where there aren’t local services, providers could pool resource and expertise to develop and deliver these. This would reduce competition for specialist staff in the same geographic location, and again ensure parity of support for students across providers.

    It’s important that such collaborations involve all parts of the sector, including small providers – with the burden of their participation reflective of their smaller size. This is vital to ensure that collaborative models are cost effective for everyone.

    Getting it right on student engagement

    Collaborative approaches are also going to be critical to make sure we get it right on student engagement. The OfS expectation is clear that providers work with students and their representatives to develop policies and procedures. But what happens when an institution doesn’t have an SU, or a formal representative structure, or the necessary experience in student engagement to do this? There’s a risk that it won’t be done properly or be done at all.

    We need to consider how we facilitate students to support each other to engage in co-production. This could include sharing staff or exploring the development of local student union services that bring in smaller providers or FE colleges without the means to partner with students in the way that is needed.

    Making it happen

    The sort of collaboration outlined above will need more than just the goodwill of institutions to make it happen. It needs regulatory backing, with more explicit recognition of the value of these approaches and guidance on what this might look like in practice. We also need to recognise that it’s costly.

    Catalyst funding, like that provided back in 2019, would represent far better value to the sector than asking individual providers to fund collaboration. The risk is that without it, the burden of developing a system that works for all students at all providers will be left to the smallest institutions who need these collaborative options the most. Funding would also boost evaluation and resource sharing across the sector. It could consider the benefits of collaborative approaches between awarding and teaching institutions as well as regional structures which ensure a greater parity of support across providers large and small.

    Somewhere on this path to regulation we lost the perspective that harassment and sexual misconduct is a societal issue. What we do now to educate, prevent harm to and support students will have a lasting impact on the future as students become employees, employers, parents and educators themselves. It is not a task to be shouldered alone.

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