The Evolving Regulatory Landscape

Heather Fry

AUA Development Conference: Leading Through Changing Landscapes

The Regulatory Landscape

Requirements

Accountability

SNCs

Appeals

Compliance

GatewaysFrameworks

Assurance

Risk PSRBsAccess Agreements

Complaints

Proportionate

Autonomy Risk based

Low burdenMonitoring

DataMarket

Partnerships

Alternative

Competition

Quality Assessment

Diversity of HE providers in England

339 providers who get government grants for higher

education

103 providers with official UK university status

207 further education colleges

97 providers which have specific courses in 2014-15

that are eligible under student support regulations

213 providers accredited for initial teacher

training

131 providers that can award UK degrees

(Source: HEFCE Register of HE Providers. October 2014)

Diversity of HE students in England

44% are male56% are female

7% classify themselves as black 15% classify themselves as Asian

78% are UG18% are PGT 4% are PGR

71% are full time29% are part time

12% are international5% are EU

6.7% of HEFCE funded students are taught at FECs

2 million + students (Source: HESA 2012-13)

‘A clear message from the consultation [on the White Paper ‘Students at the Heart of the System’ and the technical consultation on higher education in England] was that as we do not know the full effect of the funding changes we have introduced now would not be the time to introduce changes to primary legislation. We will, therefore, continue to move our reform agenda forward primarily through administrative means.’

Letter from the Secretary of State and Minister of State 13 June 2012

Background to the current regulatory landscape

Register of HE providers• Lists higher education (HE) providers, which have particular

relationships to Government (or bodies related to Government) in England.

• Sets out the powers providers have and the regulatory controls which apply to them.

• Launched in September 2014 alongside the revised operating framework for HE which describes the framework of regulation

Register of HE providersThe register includes all HE providers which are regulated in England because they: • have the right to award one or more types of UK degree.• are higher education institutions (HEIs) (i.e. have University title,

are a Higher Education Corporation or have been designated as eligible for HEFCE funding)

• receive direct public grants for HE• have courses which have been specifically designated by

Government as eligible for the purposes of English student support funding

The register does not list all providers of HE in England. It currently includes providers which meet one or more of these specific features.

Future of the RegisterThe register will develop to reflect changes in the regulatory landscapeAreas under consideration:

• Scope – Can the register cover the other elements identified in the operating framework e.g. access agreements, providers that solely operate within partnership arrangements (such as franchise)? How can the register develop to meet the needs of users?

• Functionality (e.g. search) User review in early 2015 to inform future development

•Register: http://www.hefce.ac.uk/whatwedo/reg/register/•Operating Framework: http://www.hefce.ac.uk/whatwedo/reg/of/

The higher education funding bodies in England, Wales and Northern Ireland are to seek views on future approaches to the assessment of quality in higher education. Based on the feedback we receive, we will then invite tenders under a joint procurement exercise. This will ensure transparency and demonstrate value for money.

(7 October 2014 press release)

Quality assessment in the future

Student ProtectionWHY? • Students often lack redress, for example: satisfactory ‘teach out’

not offered; tier 4 licence revoked; provider suffers disorderly failure/closure without provision for students

WHAT?• Continuity of study and financial refund.

WHAT IS HEFCE DOING?• Holding roundtables to discuss issues and possible solutions,

either now or post legislation

Student Protection

Specific Course designation – what is it?• The Secretary of State designates courses at alternative providers

to receive student support – this happens at a course rather than provider level

• BIS sets three hurdles:• Quality assurance – providers must have a recent, successful

QAA review• Course eligibility – providers must have appropriate approvals

for courses applied for• Financial sustainability, management and governance –

providers must submit three years independently audited accounts and details of key personnel to provide assurance on financial sustainability and the appropriateness of management and governance arrangements

SCD: HEFCE role and the numbers involved

• HEFCE ‘s role is processing applications and providing analysis in relation to course eligibility and FSMG

• BIS decides on designation and de-designation.• HEFCE processed 178 applications from 162 providers between

June 2013 and May 2014• To date BIS have approved applications for 2,903 courses

Why is legislation necessary?• Existing regulatory framework needs to evolve•Importance of institutional autonomy•Legislation is necessary to ensure:

– Stakeholder confidence is maintained– Student protection is extended– Providers are treated equitably – Anomalies are addressed– Regulatory arrangements are appropriate for a more diverse HE

landscape

Thank you for listeningh.fry@hefce.ac.uk

How to find out moree-mail hefce@hefce.ac.uk

Twitter http://twitter.com/hefce web-site www.hefce.ac.uk

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