Part 3: Proposals for changes to registration application requirements

Impact of proposals on registration assessment processes and timelines

176. Currently the main steps in the registration process, when it results in a positive decision to register a provider, are described in ‘Regulatory advice 3: registration of English higher education providers with the OfS’.²⁸ These are set out below. Where the OfS takes a provisional decision to refuse registration, there are further steps in the process which are not set out here.

177. Currently we advise that the time it will take to complete each of these steps and reach a final registration decision depends on a number of factors. This means we cannot give a precise timescale for assessment for each provider. How quickly we can assess an application depends on whether:
     1. All the information we need to assess the application against the initial conditions of registration is received in the first submission and responses to any questions or requests for further information are meaningful and received by the deadlines we set.
     2. The provider is ready for a visit as part of the assessment of condition B7, if one is required.
     3. The provider is ready to submit the information required for an assessment of standards for condition B8 as soon as we request this.
     4. Our assessment will be extended where we identify complex issues which need to be resolved during the assessment process before a decision can be made.
     5. Our assessment identifies areas of concern that result in a provisional decision to refuse registration.
178. The proposals in this consultation primarily affect the first stage in the process set out in the diagram in paragraph 176 above. Currently the first stage allows for a provider to take up to three months to make a complete application after its initial submission. If the submission is not complete after this stage, we write to the provider to advise that we will not take its application any further.
179. Under the consultation proposals this first stage would effectively be replaced by the implementation of the section 3(5) Notice determining the submission requirements (Proposal 1). The preliminary stage of the registration process would be an assessment of whether a provider’s application had complied with the notice. If a provider’s initial application did not comply, we would move to a provisional refusal decision instead of a three-month process to rectify the submission. The provisional refusal decision would clearly set out the reasons the provider’s application did not comply with the requirements of the notice. As described above, the provider would be able to submit any missing information as part of the representations process for this decision. If this still did not meet the submission requirements, we would then take a final decision to refuse registration.
180. Once the assessment stage is reached, we anticipate that timeframes would remain broadly similar although will be somewhat more consistent as the initial submission should be of a higher quality in all cases.
181. During the assessment stage we write to a provider to advise it that the assessment is ready to progress to a quality and standards assessment and issue an invoice for payment for this. According to the proposed section 3(5) Notice, a provider would be required to provide evidence of this payment if requested.
182. We also issue a request for any further evidence required for the assessment of initial condition B8. According to the proposed section 3(5) Notice, the provider would be required to respond to these requests by the deadline we set. If we did not receive the information requested, we would take a decision to refuse the application on the basis that the provider had not complied with the notice, as described in Proposal 1, paragraph 31.
183. During the quality and standards assessment, we would ask a provider to submit updated financial information to coincide with the end of the quality and standards assessment. A provider would also be expected to submit new audited financial statements as they become available, as set out in Proposal 2c. We would then assess all up-to-date financial information to allow us to reach a decision promptly as to whether to register the provider, once the quality and standards assessment was complete. This information request would also fall within the requirements of the section 3(5) Notice and therefore failure to provide it would lead to a decision to refuse registration on the basis that the provider had not complied with the notice.
184. Once an application for registration is made under the new proposals, a provider would be expected to report any of the matters arising, as set out in Proposal 4, until a final decision is made about its application. Should we find that a provider has not reported matters as specified this would be considered a failure to comply with the section 3(5) Notice, and we would therefore take a decision to refuse the application on the basis that the provider had not complied with the notice. This applies at any time during the assessment period, including where we have issued a provisional decision.

Question 6: Do you have any comments about the impact the proposals in this consultation may have on the timeline for a registration assessment outlined in Part 3 of this consultation?

Other questions about this consultation

Question 7: Do you foresee any unintended consequences resulting from the proposals in Part 3 of this consultation? If so, please indicate what you think these are and the reasons for your view.

Question 8: Are there any aspects of these proposals you found unclear? If so, please specify which, and tell us why.

Question 9: In your view, are there ways in which the objectives discussed in Part 3 of this consultation could be delivered more efficiently or effectively than proposed here?

Question 10: Do you have any comments about the potential impact of these proposals on individuals on the basis of their protected characteristics?

28 See Regulatory advice 3: Registration of English higher education providers with the OfS.