Tag: condition

  • The Critical Role of University Leaders in Shaping Safer Cultures and Meeting OfS Condition E6 on Harassment and Sexual Misconduct

    The Critical Role of University Leaders in Shaping Safer Cultures and Meeting OfS Condition E6 on Harassment and Sexual Misconduct

    Harassment and sexual misconduct have no place on our university campuses, nor in wider society. Yet, both continue to be pervasive. The Office for National Statistics reports that 1 in 10 people aged 16 years and over experienced at least one form of harassment in the previous 12 months, while the Crime Survey for England and Wales reveals that “an estimated 7.9 million (16.6%) adults aged 16 years and over had experienced sexual assault since the age of 16 years”. The adverse sequelae for victims/survivors are well documented. 

    The Office for Students (OfS), noting the absence of national-level data at higher education institutions (HEIs),  piloted the design and delivery of a national sexual misconduct prevalence survey in 2023 (full survey due to be reported in September 2025). The study, involving 12 volunteering institutions, found 20% of participating students experienced sexual harassment and 9% experienced sexual assault/violence. The 4% response rate requires cautious interpretation of the findings; however, they are in line with other studies.

    Over the last decade, universities have taken these matters more seriously, appreciating both the impact on victims/survivors and on their institution’s culture and reputation. In 2016, Universities UK and Pinsent Mason published guidance (updated in 2022) for HEIs on managing student misconduct, including sexual misconduct and that which may constitute a crime.  As of 1 August 2025, the OfS has sought to strengthen universities’ actions through introducing condition E6 to ensure institutions enact robust, responsive policies to address harassment and sexual misconduct, as well as promote a proactive, preventative culture.  Our experience, however, suggests that universities’ preparedness is varied, and the deadline is not far away.

    Culture Starts at the Top

    Organisational culture is shaped significantly by those at the top. At its heart is ‘the way things are done around here’: the established, normative patterns of behaviour and interaction that have come to be. Senior leaders have the power to challenge and change entrenched patterns of behaviour or to reinforce them. Thus, compliance with Condition E6 is just a starting point; herein lies an opportunity for university leaders to lean deeper into transforming institutional culture to the benefit of all.

    Understandably, times of significant financial challenge may cause executive teams to quail at more demand on limited resource. This can precipitate a light-touch, bare minimum and additive approach; that is, devolving almost exclusive responsibility to a university directorate to work out how to do even more with less.  Yet, the manifold benefits of inclusive cultures are well established, including improved performance and productivity and lower rates of harassment and sexual violence. Leadership attention to and engagement in building a positive culture will see wider improvements follow. Moreover, hard though it is to write this, we know from our own work in the sector that some leaders or teams are not modelling the ‘right’ behaviour.

    Ultimately, the imperative to transform culture is in the best interests of the institution although it should also manifest a desire for social justice. Consequently, university governors need to understand and have oversight of the imperative; though narrowly defined as regulatory, it should be strategically defined as the route to creating a happier, healthier and more productive community likely to generate the outputs and outcomes the governing authority seek for a successful and sustainable institution.

    Creating Safer Cultures

    We use the term ‘safer culture’ to refer to a holistic organisational environment that is intolerant of harassment, discrimination, and mistreatment in any form. Underpinning the sustainable development of a safer culture are eight key pillars:

    1. Leadership Commitment, Governance and Accountability
      Senior leaders and university governors need to visibly and actively promote an inclusive and respectful culture, holding themselves – and others – accountable.  Strategic allocation of resources and institutional infrastructure needs to support cultural change, and governance mechanisms must enable assurance against objectives.  A whole-institution approach is required to avoid commitments becoming initiative-based, siloed, inconsistent, or symbolic: the responsibility should be shared and collective.
    2. Clear Policies, Procedures and Systems
      Institutions need to develop accessible policies that define inappropriate behaviour, including harassment and sexual misconduct, and outline clear consequences for non-adherence. Associated procedures and systems should support effective prevention and response measures.
    3. Training and Development
      A tiered training approach should be adopted to embed shared understanding, develop capability and confidence, raise awareness, and foster appropriate levels of accountability across the organisation: among students and staff, including the executive team and governing body. Specialist skills training for those in frontline and support roles is essential.
    4. Reporting Processes
      Simple, reliable, confidential, and trusted reporting mechanisms are required. These must protect against retaliation, the need to repeat disclosure information unnecessarily, and provide swift access to appropriate support through a minimum of touchpoints.
    5. Provision of Support
      A trauma-informed, empathetic environment is crucial to ensure individuals feel safe and supported, whether they are disclosing misconduct or have been accused of such. User-focused support systems and wellbeing services need to be in place for all members of the university’s community.
    6. Investigation and Resolution
      Fair, timely, and impartial processes are required which uphold the rights of all parties and enforce meaningful consequences when misconduct is confirmed. Those involved must be appropriately trained and supported to ensure just outcomes for all.
    7. Risk Management
      Risk should be proactively identified and appropriately managed. Individuals throughout the organisation need to understand their responsibility in relation to risk, both individual and institutional.
    8. Investigation and Resolution
      Creating a safer culture requires regular evaluation through policy review, data analysis and reporting, including staff and student feedback. This is essential to address emerging issues, enhance interventions in line with changing policy and practice, and achieve cultural maturity.

    A Leadership Imperative

    The imminent introduction of condition E6 offers university leaders an opportunity to bring renewed and purposeful focus to developing an institutional culture that is safe, respectful and high achieving – the very foundation of academic excellence, creativity and innovation. At a time when equity, diversity and inclusion are under threat worldwide, including in the UK, the imperative has never been greater.

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  • OfS consults on a condition of registration for subcontracted provision

    OfS consults on a condition of registration for subcontracted provision

    Cast your mind back to the end of January this year.

    The Department for Education proposed that all providers delivering a course via a franchise model to more than 300 students should register with the Office for Students.

    The rationale was straightforward. An increasingly large number of students were studying at, effectively, unregulated providers – with the connection to the lead provider achieved via an office in the registry and subject to varying (shall we say) levels of oversight in terms of quality, standards, and – frankly – probity (as we and others have extensively reported).

    That consultation concluded in April, and we have heard very little about these plans since. So when, just before summer recess, the Office for Students announced its own consultation on regulating franchise provision one could be forgiven for assuming that the two approaches would somehow link together.

    Information requirement

    What OfS has suggested addresses the other end of the issue – while DfE wants to register delivery providers, OfS wants to put a new condition of registration (E8) onto institutions with more than 100 students taught via subcontractual arrangements. The condition is not an arduous one – it basically suggests that a lead provider should have adequate governance and oversight of risks concerning subcontractual provision, and be prepared to share key information about these arrangements (a so-called “Comprehensive source of information”, or CSol). In return OfS can demand more information (“monitoring”) and make “directions” for the lead provider to start or stop doing stuff. All this would, consultation pending, come into force in January 2026.

    Now, it would be fair to wonder whether this kind of effective governance in the public interest is already covered in conditions E1 and E2, and the information end of things feels a little bit F3. It is neither unreasonable nor arduous to expect providers to have adequate governance or to publish information – though it is questionable (given the applicability of these existing registration conditions) that this will have any meaningful impact on provider activity.

    In other words, if you don’t have effective arrangements in place regarding subcontractual provision, you are already in breach of condition E2 and will face consequences. Just ask Leeds Trinity University, now £115,000 poorer as a result – and, as the consultation suggests, just the tip of a very large iceberg of provision where OfS has been regulating quietly behind the scenes.

    Rationale

    So why the need for E8? If providers are already required to be transparent around governance arrangements and oversight, why do we need another condition to do the same thing for subcontractual relationships? And if there are additional informational needs, or a need to limit what a particular provider can do, why not do a specific condition of registration relating to subcontractual activity? Or why not wait a few weeks to see whether DfE brings the people doing the actual course delivery into its regulatory ambit? OfS says:

    We consider that implementing a general ongoing condition of registration sends a clearer signal to the sector about our expectations for managing subcontractual partnerships now and in the future. Including our requirements in the regulatory framework in this way provides greater transparency for all providers and for other stakeholders.

    We are, once again, in the realms of vibes-based regulation: the purpose of this requirement is to make it look like OfS is finally doing something to address the problems with subcontractual provision that have been visible to the media since at least 2014.

    In the weeds

    You’ll look in vain within the consultation for any mention of OfS’ own long-promised publication of definitive data on the size and shape of franchised provision – now possibly coming in the last quarter of 2025 (following a very small pilot release last year). Where this gets interesting is the methodology for calculating where or not you are over the threshold (a total of 100 – headcount – students studying via subcontractual arrangements at relevant providers) as calculated by the OfS’ own student number methodology and that would be returned via HESES. While OfS has not yet been confident enough in this data to release it in full, it is somehow content to rely on it for regulation.

    The 100 isn’t an exact cut off: if you generally recruit more than 100 subcontractual students but happen not to one year, you are still in scope – likewise if you make changes to your plans so that you will recruit more than 100 (or are “materially likely” to do so) you are in scope already. Or if OfS decides you are in scope, you are in scope.

    To be clear, this isn’t all such arrangements. The use of the term “relevant” excludes by definition any provision in a state-funded school, FEC, sixth form, designated institution (FHEA 1992 section 28), provider of NHS services, local authority, or police and crimes commissioner. Also exempt in your calculation are students subcontracted to any provider with degree awarding powers authorised by or under an Act of Parliament or a Royal Charter (so all taught or research DAPs, basically).

    Back end

    For clarity, the traditional way in which subcontractual arrangements are regulated is via the registering provider – and these OfS proposals are an attempt to bring some of what should be going on already out a bit further into the open. The existing transparency conditions of registration (F1, which operationalises section 9 of HERA) don’t cover governing (or academic quality and standards) documentation. Indeed, OfS has been historically light on governance transparency – which is why it isn’t always easy to figure out what is going on inside a given provider.

    It’s not so long ago that OfS was lambasting providers for “gold plating” internal quality assurance processes in a long-sustained campaign to flush out those in the sector who cleave to the much older doctrines of the UK Quality Code. You know, nonsense like:

    Providers and their partners agree proportionate arrangements for effective governance to secure the academic standards and enhance the quality of programmes and modules that are delivered in partnership with others. Organisations involved in partnership arrangements agree and communicate the mutual and specific responsibilities in relation to delivering, monitoring, evaluating, assuring and enhancing the learning experience.

    A big chunk of the documentation that OfS is asking for here (in the comprehensive source of information) is basically documentary proof that a provider is compliant with principle 8 of the UK Quality code (including the QAA’s recent guidance), not that you will be thanked by the regulator for pointing this out. Perhaps some of that “gold-plating” was important after all.

    But there is one place where OfS goes further: it asks for a “strategic” rationale for entering into each subcontractual arrangement. We don’t get any guidance on what a suitable rationale would be, just that it must fit with a provider’s vision and strategic intent. Case law here is going to be fascinating.

    Front end

    From a student protection perspective OfS would gain powers to compel those franchising out provision to make changes to the terms of these agreements or the governance or process involved in running them – in extremis the regulator could require that an arrangement ends immediately, students have their fees refunded, and the registering provider steps in to teach out the remaining student. It can also tell you to stop recruiting students onto subcontracted out courses, or limit the number of students that can be recruited.

    This is a large improvement on current arrangements, which have largely been predicated on a provider having an up-to-date student protection plan and being able to deliver on it. The fee refund requirement, in particular, should make anyone that is knowingly partnering with someone offering students a sub-par experience sit up and pay attention.

    It’s not perfect, however: the January DfE proposal on franchising and partnerships was interesting precisely because it broke with established practice on subcontractual arrangements – those delivering teaching would be regulated, whether or not they were awarding the degrees in question. If OfS could intervene directly with a delivery provider, surely that would be quicker than going via the registration provider – the measures in this consultation would then be usable for purely punitive reasons (and, as above, duplicate other conditions of registration)

    OfS has followed the DfE lead in excluding most publicly funded provision from these regulations – it made sense to exclude schools, colleges, and the NHS from active regulation as they are already regulated elsewhere. If the purpose of these OfS proposals is to ensure that the universities that are subcontracting out do so with a level of strategic intent, it seems unlikely that someone is incapable of making a strategically poor or under-resourced commitment to work with an FEC or sixth form: surely these arrangements also deserve a level of scrutiny?

    And – frankly – why shouldn’t providers involved in subcontracting be required to publish information about it (rather than hold it until OfS asks for it)? The current concerns with this style of provision have developed precisely because agreements and fee-splitting agreements can remain obscure – a bit of public accountability for these kinds of decisions would do a lot to separate out the good and valuable subcontractual arrangements from the more questionable partnerships.

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