Consultation
Published 12 December 2024
Consultation on OfS strategy for 2025 to 2030
Published 12 December 2024
Annex B: Matters to which we have had regard in reaching our proposals
- In formulating these proposals, the OfS has had regard to its general duties as set out in section 2 of HERA. The proposals in this document are relevant to all the OfS’s activity over the next five years, and we therefore consider all general duties to be highly relevant.
- Our risk-based regulatory approach recognises the importance of general duty (2)(1)(a), the need to have regard to protect the institutional autonomy of providers, and the weight we place on this duty varies with the risk posed to students and taxpayers. We place less weight on the need to protect institutional autonomy the greater the risk, with a significant inflection point moving from above, to at and below, our minimum regulatory requirements. Our approach to prioritising regulatory intervention according to the risk posed will minimise interference with institutional autonomy and regulatory burden.
- The general duty under section 2(1)(b) requires the OfS to have regard to the need to promote quality, and greater choice and opportunities for students, in the provision of higher education. Promoting quality has been central to the OfS’s development of the proposed strategy and this is reflected in our focus on quality, with two goals and much of our strategic activity designed to promote quality, including by encouraging greater student choice. For example, ensuring that ‘students have a range of high quality options and are well equipped to exercise informed choice about what, where and how they study’ will promote a diverse range of quality options, meaning students with different needs and aspirations benefit from quality provision. The OfS’s regard to this duty is also reflected in our proposal to integrate equality of opportunity throughout all our goals, demonstrating the centrality of efforts to extend opportunities through access and participation.
- We have considered our general duty under section 2(1)(c) to have regard to the need to encourage competition in the interests of students and employers, and the benefits to students and employers from collaboration between providers, in developing the proposed strategy. The need to encourage competition is most clearly reflected in activity designed to drive improvement above the baseline, including the Teaching Excellence Framework.
- Similarly, we have had regard to the benefits that collaboration can bring when identifying our proposed strategic actions. Across goals, we propose engagement and communication strategies that will help institutions to learn from one another, building a shared evidence base that equips institutions to improve their own performance.
- We have had regard to the need to promote value for money in the provision of higher education as per our section 2(1)(d) duty. Value for money in the provision of higher education is important for both students and the taxpayer. By enforcing a regulatory baseline of minimum requirements, we will secure a system whereby stakeholders (including current students) derive value from high quality higher education, which prospective students have equal opportunity to benefit from. The value students derive from higher education will be further increased by our focus on continuous improvement. If successful, students will benefit from a better and more accessible higher education experience, while taxpayers will benefit from a better educated workforce.
- We have had regard to the need to promote equality of opportunity in connection with access to and participation in higher education. This is the focal point of our general duty under section 2(1)(e) and a commitment to equality of opportunity is woven throughout our proposed strategy. It is also reflected in our focus on quality: for equality of opportunity to be meaningful, the higher education provision in question must be high quality. Access to and participation in low quality provision would not constitute a meaningful opportunity to succeed in, and progress from, higher education with successful outcomes.
- We have had regard to the need to use the OfS's resources in an efficient, effective and economic way under our section 2(1)(f) general duty. We have sought to design these proposals so that, if enacted, the OfS would use its resources in the most efficient, effective, and economic way, by focusing on what we believe is the most impactful combination and sequence of strategic and regulatory activity possible with our available resources. Once a final decision has been reached on the outcome of the consultation proposals, work will be carried out internally to make sure our staff are best equipped to deliver the proposed strategy if taken forward.
- Under these proposals, our regulatory approach will focus on driving continuous improvement above our baseline, with enforcement resource focused on a smaller group of providers demonstrating unacceptably weak performance. In proposing this approach, we have had regard to our general duties. In particular, we have had regard to: (1) the need to protect institutional autonomy (under section 2(1)(a)); (2) the need to use the OfS's resources in an efficient, effective and economic way (under section 2(1)(f)); and (3) principles of best regulatory practice – including the principles that regulatory activities should be – (i) transparent, accountable, proportionate and consistent, and (ii) targeted only at cases in which action is needed (under section 2(1)(g)).
- We have had regard to the Regulators’ Code when formulating our consultation proposals and our view is that the following sections are particularly relevant:
- Section 1 which says that regulators should carry out their activities in a way that supports those they regulate to comply and grow, including using proportionate approaches and avoiding unnecessary burdens.
- Section 3 which discusses the need to base regulatory activities on risk, including when choosing the most appropriate type of intervention.
- Section 6 which states the need for regulators to ensure that their approach to their regulatory activities is transparent.
- We have had regard to guidance issued to the OfS by the Secretary of State under section 2(3) of HERA.
- We will have regard to any further guidance from the Secretary of State once issued.
- We have had regard to Schedule 1, paragraph 21 of HERA, which extends the Equality Act 2010, and therefore the Public Sector Equality Duty, to the OfS. This requires the OfS to have due regard to the need to eliminate unlawful discrimination, harassment and victimisation, and foster good relations between and advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it.
- Through this consultation we are seeking views on any unintended consequences of our proposals, for example on particular types of provider or student. We are also seeking views about the potential impact of our proposals on individuals on the basis of their protected characteristics. Responses to this consultation will inform our assessment of the impact of our proposals on different groups.
- In considering our strategic priorities, we have had regard to equality considerations. We are taking steps through our regulation of access and participation to reduce the gaps in equality of opportunity between students from underrepresented groups and other students, before, during and beyond their time in higher education. Work to support equality of opportunity is integral to our work and is integrated throughout our strategic priorities.
- In relation to our work on quality, our proposals focus on ensuring that all students, whatever their background and characteristics, receive a high quality higher education and achieve successful outcomes. Meaningfully extending equality of opportunity means ensuring all students with the ability and desire to do so can attain the successful outcomes associated with higher education provision that meets rigorous quality standards.
- In relation to our work on wider student experiences, our proposals focus on ensuring that all students can benefit from high quality higher education. This will support equality of opportunity by addressing barriers to participation disproportionately experienced by students from disadvantaged backgrounds and underrepresented groups.
Describe your experience of using this website