Tag: Medr

  • 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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  • Medr is embracing its collaborative role

    Medr is embracing its collaborative role

    “You have two ears, one mouth – use them in that proportion.”

    The words of my mother seem to have gained relevance and resonance for me, as I reflect at the end of my tenure as CEO responsible for overseeing the launch of Medr, the new tertiary funding and regulatory body in Wales.

    As we arrive at our first birthday as an organisation, my mother’s words ring true in the approach we have tried to nurture with partners to help tackle the challenges and embrace the opportunities facing the sector.

    And this is perhaps particularly true during the well-established perfect storm of headwinds facing our higher education institutions at present, prompting understandable deliberations and concern around staffing, provision and campus restructuring.

    Wonkhe readers will be well versed in the plethora of pressures facing even the most long-established and most renowned universities across the UK. Put simply, the pressures of increasing costs are currently not being met by an increase in income for too many, and our institutions in Wales are no different (further context and a Medr perspective were provided to the Senedd’s Children, Young People and Education Committee a few short weeks ago, if it’s of interest).

    For the long-term viability of the post 16 sector to thrive in Wales, finding strategic, joined-up solutions is imperative. As a regulator and funder and having engaged extensively with the sector since day one, our analysis is that no institution in Wales is at immediate risk of collapse, but that medium-term outcomes do cause us concern if well thought-through changes are not made.

    Beyond “competition with a smile”

    What’s also clear to us in Wales is that many of these pressures are also affecting other parts of the tertiary sector – local authorities, schools, further education colleges, apprenticeship providers, adult education providers as well as universities and everything in between.

    This, however, can create opportunities.

    Back to the words of my mother – “two ears and one mouth” – during our first year of operation as Medr, we have had to quickly get on top of the tertiary issues in Wales. In Stephen Covey’s words, we must “seek first to understand”. We must understand the extent and context of the challenges and why certain actions are being proposed. Through a genuine commitment to engaging with a range of stakeholders and considering how we can facilitate a culture of listening, learning and collaborating across the post-16 sector, we have a great opportunity to build on the solid foundations of a shared ambition and purpose to build resilience for the future.

    Being a regulator and a funder is not an end in itself. To be honest, I had underestimated the importance of our role in convening and facilitating conversations between different stakeholders whilst respecting institutional autonomy. Colleagues must be bored of me telling the story of an ex-colleague of mine who challenged me after a meeting when I talked about collaboration. He said:

    Do you mean collaboration? Or are you talking about competition with a smile?

    We’ve all been there! We smile and nod in a meeting when we talk about working together – and then go back to our respective ranches and nothing changes.

    However, if we genuinely place learner need ahead of institutional need, we have an opportunity to create a system that is better than the sum of its parts. Don’t get me wrong, as a former CEO of a post-16 provider, I’m fully aware of the accountability to a governing body and the need to protect the viability of the organisation. But I also acknowledge that I was probably more comfortable in exploring growth and new opportunities, rather than thinking about stopping some things we did because someone else was in a better place to provide that service to our community or region. Collaboration is also not an end in itself – there is no point in collaborating if it just appeases everybody but doesn’t improve the breadth or quality of provision for learners or improves the system as a whole.

    A course through the headwinds

    At Medr, we have tried to live our values and engage, listen and collaborate with the sector. For example, our first strategic plan has developed considerably through consultation. We have recently launched a consultation on our draft regulatory framework, a hugely important piece of work for the sector, and we will continue to listen throughout that process.

    What I hope shines through in that work, and which I equally hope isn’t lost in wider discussions around headwinds and pressures, is the positive everyday impact that all parts of the tertiary sector have on our learners and our communities. I have a huge respect for the learner focussed people who work in our wonderfully diverse post-16 sector. Developing that mutual respect amongst all parts of the sector is vital if we are to develop a better system in the future that can tackle some of the challenges, such as the numbers not in education, employment or training, and our desire to improve participation rates in higher levels of learning.

    This isn’t easy. If it was, we would have solved these challenges by now. It has taken decades to create these issues and they won’t be solved overnight. And true collaboration – not competition with a smile! – takes time to build trust, requires a great deal of commitment along with a good dollop of inspiring and tenacious leadership.

    Yes, it’s challenging – but therein lies opportunity for innovation. In my experience, when the going gets tough, leaders demonstrate two basic types of behaviour. They either sharpen the elbows and dig in and become even more competitive or they reach out to others and work collectively to find joined up solutions to problems. To achieve the latter, we need to look at ways we can remove the barriers to this approach. Get it right and we can build prosperous futures for our learners and the tertiary education system and for Wales.

    There may often be differing views on how best to achieve outcomes but by working together to identify challenges and opportunities, consulting and engaging in solution-based conversations that benefit our learners, we can and will overcome them. Nelson Mandela said that education is “the most powerful weapon you can use to change the world” – we are fortunate in Wales to have some brilliant people coming together to try to deliver that change for good.

    Indeed, the name Medr itself is not an acronym. It’s a Welsh word which roughly translated straddles ability, skill and capacity. It’s a name that acts as a reminder of what we’re here to achieve: to ensure all learners can access opportunities to learn new skills and expand their opportunities for the greater good.

    And, of course, that greater good extends beyond learners and their immediate surroundings. I continue to be impressed by the work many of our universities deliver through groundbreaking research and innovation. Research Excellence Framework recently recognised 89 per cent of Welsh research as internationally excellent or world leading in its impact. Successful recent spin-outs such as Draig Therapeutics are further examples of world-class research leading to significant impacts of R&I and serve as a reminder that our universities are critical to our economy, society and culture – both now and in the future.

    And we are very proud too of our commitment to the Welsh language. The legislation identifies the Coleg Cymraeg Cenedlaethol as the designated advisor to Medr on Welsh language delivery in the post-16 sector. Our two organisations have developed a strong working relationship and through engagement with the sector, we will deliver a national plan for Welsh language delivery.

    Reaching out

    All this can all only be successfully achieved by working together. It is easy to be a spectator sniping from the sidelines but we must focus on having the right people and systems in the arena to make positive collaborative change. Across the board we must think beyond borders – sectoral, governmental, regional, national and international – listening to and reaching out to others with similar challenges to us. I am heartened by the willingness we’ve seen across the tertiary sector to do just this.

    For our part we will continue to facilitate progress by working with stakeholders to understand risks and plans, provide support and challenge based on different situations, ensure governments are well-informed and understand the challenges and opportunities as early as possible – and a whole host besides. It’s both an opportunity and a duty to bring people together and think about how we can do things differently and how we can do things better.

    I’ll finish where I started, by talking about my Mam and my upbringing. Growing up in an area that would be described as “socially deprived”, and losing my Dad while still at primary school, it’s very clear to me now the difference a few key educational touchpoints made to my life. I was fortunate to have some teachers along my journey who could see something in me when I couldn’t see it myself. Medr wants to be part of ensuring that such positive educational experiences can be felt by all.

    Medr is celebrating its first birthday. We are new kids on the block. And as I hand over to the excellent James Owen, Medr’s new CEO, I recognise that we have launched at a particularly challenging time for the sector.

    But among all the noise around business resilience, longevity and political headwinds, it’s absolutely imperative that every conversation comes back to what is right for our learners, the ones who will determine our future successes or failures. Now the exciting bit begins. If we work together to get the system right for our learners – and that’s absolutely at the forefront of what we are trying to shape at Medr – the rest can and will stem from there.

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  • A new regulatory framework is more than Medr by numbers

    A new regulatory framework is more than Medr by numbers

    Medr, the new-ish regulator of tertiary education in Wales, is consulting on its new regulatory system (including conditions of registration and funding, and a quality framework).

    You have until 5pm 18 July 2025 to offer comments on any of the many ideas or potential requirements contained within – there’s also two consultation events to look forward to in early June.

    Regulatory approach

    As we are already aware from the strategy, Medr intends to be a principles-based regulator (learning, collaboration, inclusion, excellence) but this has been finessed into a regulatory philosophy that:

    integrates the strengths of both rules-based (compliance) and outcome-based regulation (continuous improvement)

    As such we also get (in Annex A) a set of regulatory principles that can support this best-of-both-worlds position. The new regulator commits to providing clear guidance and resources, transparent communication, minimising burden, the collaborative development of regulations and processes, regular engagement, proactive monitoring, legal and directive enforcement action, the promotion of best practice, innovation and “responsiveness”, and resilience.

    That’s what the sector gets, but this is a two way thing. In return Medr expects you to offer a commitment to compliance and integrity, to engage with the guidance, act in a transparent way (regarding self-reporting of issues – a “no alarms and no surprises” approach), practice proactive risk management and continuous improvement, collaborate with stakeholders, and respect the authority of Medr and its interventions.

    It’s all nicely aspirational, and (with half an eye on a similar regulator just over Offa’s Dyke) one appropriately based on communication and collaboration. Whatever Medr ends up being, it clearly does not want an antagonistic or suspicious relationship with the sector it regulates.

    Getting stuck in

    The majority of the rest of Annex A deals directly with when and where Medr will intervene. Are you even a regulator if you can’t step in to sort out non-compliance and other outbreaks of outright foolishness? Medr will have conditions of registration and conditions of funding, both of which have statutory scope for intervention – plus other powers to deal with providers it neither registers nor funds (“external providers”, which include those involved in franchise and partnership activities, and are not limited to those in Wales).

    Some of these powers are hangovers from the Higher Education (Wales) 2015 Act, which are already in force – the intention is that the remaining (Tertiary Education and Research Act 2022) powers will largely kick off from 1 August 2026, alongside the new conditions of funding. At this point the TERA 22 powers will supersede the relevant remaining HEW 2015 provision.

    The spurs to intervention are familiar from TERA. The decision to intervene will be primarily based on six factors: seriousness, persistence, provider actions, context, risk, and statutory duties – there’s no set weight accorded to any of them, and the regulator reserves the right to use others as required.

    A range of actions is open in the event of an infraction – ranging from low-level intervention (advice and assistance) to removal from the register and withdrawal of funding. In between these you may see enhanced monitoring, action plans, commissioned reports and other examples of what is euphemistically termed “engagement”. A decision to intervene will be communicated “clearly” to a provider, and Medr “may decide” to publish details of interventions – balancing the potential risks to the provider against the need to promote compliance.

    Specific ongoing registration conditions are also a thing – for registered providers only, obviously – and all of these will be published, as will any variation to conditions. The consultation document bristles with flowcharts and diagrams, setting out clearly the scope for review and appeal for each type of appeal.

    One novelty for those familiar with the English system is the ability of the regulator to refer compliance issues to Welsh Ministers – this specifically applies to governance issues or where a provider is performing “significantly less well than it might in all the circumstances be reasonably expected to perform, or is failing or likely to fail to give an acceptable standard of education or training”. That’s a masterpiece of drafting which offers a lot of scope for government intervention.

    Regulatory framework

    Where would a regulator be without a regulatory framework? Despite a lot of other important aspects in this collection of documents, the statement of conditions of registration in Annex B will likely attract the most attention.

    Financial sustainability is front and centre, with governance and management following close behind. These two also attract supplemental guidance on financial management, financial commitment thresholds, estates management, and charity regulation. Other conditions include quality and continuous improvement, regard to advice and guidance, information provided to prospective students, fee limits, notifications of changes, and charitable status – and there’s further supplemental guidance on reportable events.

    Medr intends to be a risk-based regulator too – and we get an overview of the kinds of monitoring activity that might be in place to support these determinations of risk. There will be an annual assurance return for registered providers, which essentially assures the regulator that the provider’s governing body has done its own assurance of compliance. The rest of the returns are listed as options, but we can feel confident in seeing a financial assurance return, and various data returns, as core – with various other documentation requested on a more adhoc basis.

    And – yes – there will be reportable events: serious incidents that must be reported within five working days, notifiable (less serious) stuff on a “regular basis”. There’s a table in annex B (table 1) but this is broad and non-exhaustive.

    There’s honestly not much in the conditions of registration that is surprising. It is notable that Medr will still need to be told about new financial commitments, either based on a threshold or while in “increased engagement”, and a need to report when it uses assets acquired using public funds as security on financial commitments (it’s comforting to know that exchequer interest is still a thing, in Wales at least).

    The quality and continuous improvement condition is admirably broad – covering the involvement of students in quality assurance processes, with their views taken into account (including a requirement for representation on governing bodies). Responsibility for quality is expected to go all the way up to board level, and the provider is expected to actively engage with external quality assurance. Add in continuous improvement and an expectation of professional development for all staff involved in supporting students and you have an impressively robust framework.

    We need also to discuss the meaning of “guidance” within the Medr expanded universe – providers need to be clear about how they have responded to regulatory guidance and justify any deviation. There’s a specific condition of registration just for that.

    Quality framework

    Annex C provides a quality framework, which underpins and expands on the condition of registration. Medr has a duty to monitor and promote improvement in the quality and standards of quality in tertiary education, and the option in TERA 2022 to publish a framework like this one. It covers the design and delivery of the curriculum, the quality of support offered to learners, arrangements to promote active learner engagement (there’s a learner engagement code out for consultation in the autumn), and the promotion of wellbeing and welfare among learners.

    For now, existing monitoring and engagement plans (Estyn and the QAA) will continue, although Medr has indicated to both that it would like to see methodologies and approaches move closer together across the full regulatory ambit. But:

    In due course we will need to determine whether or not we should formally designate a quality body to assess higher education. Work on this will be carried out to inform the next cycle of external quality assessments. We will also consider whether to adopt a common cycle length for the assessment of all tertiary education.

    There is clarity that the UK Quality Code applies to higher education in Wales, and that internal quality assurance processes need to align to the European Standards and Guidelines for Quality Assurance (ESG) – external quality assurance arrangements currently do, and will continue to, align with ESG as well.

    To follow

    Phase two of this series of consultations will come in October 2025 – followed by registrations opening in the spring of 2026 with the register launched in August of that year. As we’ve seen, bits of the conditions of registration kick in from 1 August 2027 – at which point everything pre-Medr fades into the storied history of Welsh tertiary education.

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