Part 1: Proposals for new initial condition C5 - Treating students fairly

Question 1

Do you agree or disagree with the proposal to introduce a new initial condition to replace initial condition C1? If you disagree, please give reasons for your answer.

Question 2

With reference to the concept of fairness:

1. Do you agree or disagree with our proposal to focus initial condition C5 on this concept? If you disagree, please give reasons for your answer.
2. Is there an alternative concept you think would be more appropriate?

Question 3

Do you agree or disagree with our proposal to focus on negative indicators (or the absence of negative indicators)? (I.e. if there is evidence that a provider does not treat students fairly, it would not satisfy proposed initial condition C5. If there is no such evidence, the provider would satisfy the condition). If you disagree, please give reasons for your answer.

Question 4

What are your views on:

1. The proposed OfS prohibited behaviours list (including the way we are proposing to use consumer protection legislation and CMA guidance to inform it)?
2. The way we propose to consider detriment to students (including the non-exhaustive factors we propose to consider to determine whether detriment is ‘reasonable in all the relevant circumstances’)?
3. The adverse findings we propose to consider and the way in which we propose to consider them?
4. The way we propose to consider undertakings by enforcement bodies and applications for enforcement orders?
5. The way we propose to consider a provider’s removal of concerning terms or information from its documents?

Question 5

What are your views on:

1. The definition of students in the proposed condition (to include current, prospective and former students)?
2. The inclusion and definition of ancillary services?
3. The definition of ‘information for students’?
4. Our proposed approach to providers delivering higher education through partnerships?

Question 6

What are your views on:

1. Our proposed document submission requirements?
2. Our proposed approach to providers that do not intend to charge fees or register students?

Question 7

Do you agree or disagree with our proposal to remove initial condition C3 (student protection plan) and replace it with the requirements of proposed initial condition C5? If you disagree, please give reasons for your answer.

Question 8

Do you agree or disagree with our proposal that, following successful registration, a provider should be expected to publish the student-facing documents it submits as part of its application to register? If you disagree, please give reasons for your answer.

Question 9

Do you agree or disagree with our proposal to change the applicability of ongoing condition C3 such that it would not apply to a provider registered under proposed initial condition C5? If you disagree, please give reasons for your answer.

Question 10

How clear are the requirements of proposed initial condition C5 as drafted at Annex C? If any elements of the proposed initial condition are unclear, please specify which elements and provide reasons.

Question 11

How clear and helpful is the guidance as drafted at Annex C? If any elements of the draft guidance are unclear or could be more helpful, please specify which elements and provide reasons?

Question 12

Do you foresee any unintended consequences resulting from the proposals in this consultation? If so, please indicate what you think these are and the reasons for your view.

Question 13

Are there any aspects of these proposals you found unclear? If so, please specify which, and tell us why.

Question 14

In your view, are there ways in which the policy objectives discussed in this consultation could be delivered more efficiently or effectively than proposed here?

Question 15

Do you have any comments about the potential impact of these proposals on individuals on the basis of their protected characteristics?