9 Accepted

To create and maintain its regulatory independence, and seeking to minimise regulatory burden, the OfS...

Conclusion
To create and maintain its regulatory independence, and seeking to minimise regulatory burden, the OfS does not maintain close ongoing contact with individual providers it considers at low risk. The OfS explained that it collected “a basic core from every registered university and college” but beyond this it considered its approach was “proportionate to the particular circumstances they face”.17 The National Audit Office reported that the sector bodies and providers it had spoken to told it that, because the OfS had not routinely spoken to most providers, they were not confident that the OfS had all the information it needed to contextualise the financial data it collects. The OfS asserted that it did not recognise that criticism in relation to financial data, as opposed to information about quality. It accepted that there were issues around the burden on providers of collecting this data, and that it was doing a lot of work on that, but that “in terms of us needing this core data, the case is unequivocal”.18 The Department’s oversight of the OfS’s performance
Government Response Summary
The government agrees with the committee's observation but states that the OfS already ensures robust protections through a risk-based approach and a new registration condition (C4) introduced in April 2021, which strengthens providers' plans to protect students.
Government Response
Accepted
HM Government Accepted
3.1 The government agrees with the Committee’s recommendation. Target implementation date: March 2023 3.2 The OfS’s focus has been ensuring that protections are as robust as possible in those providers which might face financial distress. This reflects the OfS’s risk-based approach by ensuring that regulatory action is proportionate and targeted where it is most needed, while also ensuring there is not unnecessary burden on providers with robust financial health. For this reason, the OfS introduced a new ongoing registration condition on 1 April 2021 (Registration condition C4 of the regulatory framework for higher education in England). This substantially strengthened its ability to ensure the rigour of a provider’s plans to protect students against the risk of the provider ceasing to deliver higher education.
Addressee Bodies
HM Treasury
Timeline
Recommendation age 4.1 yrs
Report published 15 Jun 2022