Securing student success: Regulatory framework for higher education in England

A higher education provider is eligible to apply for university college title when it:

A higher education provider is eligible to apply for university title when it meets the criteria for university college title above and, in addition, the following criterion:

• The number of full time equivalent higher education students must exceed 55 per cent of the total number of full time equivalent students, of which at least 50 per cent must be on courses at level 6 or above on the Framework for Higher Education Qualifications.

The OfS will adopt the following approach to calculating student numbers for this purpose: Student numbers will be calculated using data collected by the DDB or in the Individualised Learner Record (ILR). The calculation will be based on intensity of study where a full time student will typically count as 1, and a part time student will be treated a proportion of a full time student. The calculation will only take into account students who are registered with the provider, rather than students registered with another provider but taught by the provider under a subcontractual arrangement. The OfS will publish a technical specification of the way it will perform this calculation.

For both university college and university title:

A provider must make a correct application that contains all the required information. The OfS has published guidance that sets out the information that it requires to be submitted in an application (‘Regulatory Advice 2: Registration of current providers for 2019-20’, and ‘Regulatory Advice 3: Registration of new providers for 2019-20’).

A provider is not entitled to any particular name, and the OfS will have regard to the need to avoid names that are, or may be, confusing or misleading. A provider seeking university college or university title is required to consult, as set out in guidance by the OfS, on its proposed new name before making an application to the OfS and must provide evidence of this consultation in its application. The OfS will only approve names that it considers not to be, or not to have the potential to be, confusing or misleading. Should the OfS consider that a proposed name is confusing or misleading, the provider will be asked to choose and consult on a different name.

The OfS will assess whether the provider meets the criteria for university college or university title and will, in particular:

The OfS will consider its existing risk assessment for the provider to determine the provider’s suitability for university college or university title. Where a provider is subject to one or more specific ongoing conditions of registration, and the OfS considers these to be relevant, for example because they have been imposed to mitigate increased risk of a breach of an ongoing conditions relating to quality, standards, financial viability and sustainability, and management or governance, an application for university college or university title may be refused for that reason.

Where the OfS decides that the provider meets the criteria for university college or university title, and its chosen name is suitable, the OfS will write to the provider inviting it to formally change its name. The processes for this differ depending on the legal form of the Most providers will be able to change their name in their own governing documents, and to change their name with Companies House as required.

Where a provider is obliged to register or change a business or company name with Companies House, the OfS will provide a non-objection letter to the use of the word ‘university’ in the new name or within the provider’s governing documents. This letter should be submitted to Companies House alongside the request to use the sensitive word ‘university’.

Chartered bodies or providers with Private Acts must follow the relevant procedures to change their name. The precise requirements relating to changes to such governing documents are likely to vary, and providers that remain subject to any Privy Council oversight should contact the Privy Council Office.

Where the OfS considers that the criteria for university college title or university title have not been met, it will provide the reasons for this. The OfS would, on request, review that it had followed its procedures correctly. A provider may reapply for university college or university title once it has addressed the reasons for the previously unsuccessful application.

Under HERA, the OfS has express powers to revoke university college title and university This is irrespective of how the title was originally granted.

HERA provides that the OfS may revoke university college title and university title, but only if certain conditions are met. There are three conditions, of which at least one must be met for the OfS to take the step of revocation. In the vast majority of scenarios, the OfS would expect to have made use of its other intervention powers before taking the step of revocation.

The OfS will exercise its functions so as to require a provider to ensure that where its university college title or university title is revoked, it must change its name and ensure that this is reflected in any advertising material, governing documents or other instances where this title was set out or referred to, or where the name was used. This means that where a provider has its title set out in a Royal Charter or Private Act, it must amend these accordingly. If a provider fails to do so, the Secretary of State has powers under section 116 of HERA to make consequential changes.¹⁶

The OfS will exercise its functions so as to require a provider to ensure that where a provider has a registered business or company name that includes the word ‘university’, and permission to the use of this word was granted as a result of the provider obtaining university title, the name in question must be changed to no longer include the word ‘university’.

The OfS expects providers with university college or university title to be registered because having organisations with such titles operating outside of the regulated system could be a risk for students and the reputation of English degrees and universities. The OfS may therefore revoke university college or university title if a provider does not register, or is deregistered.

The conditions for revocation of university college title and university title are set out in section 58 of HERA together with a detailed statutory process the OfS must follow if it intends to revoke such title, including requirements to:

A providers may appeal to the First Tier Tribunal against any decision to revoke university title.

Where an appeal relates to the date at which a revocation comes into effect, then the grounds for appeal are:

If the appeal is against a decision to revoke university title, the grounds for appeal are not specified, and the First Tier Tribunal must consider the decision afresh, and may take into account evidence that was not available to the OfS.

Where a registered provider is required to notify the OfS of a ‘reportable event’ under ongoing condition of registration F3, the OfS will consider the implications of the reported event for the provider’s university title or university college title. As part of its consideration of the reported event, the OfS will consider whether a review of the provider’s suitability to hold university title or university college title is necessary. In particular, the OfS will determine whether the provider still meets the criteria for university college or university title as part of such a review.

The OfS will work to protect the meaning and concept of a university, and to ensure that providers cannot retain university title or university college title after structural changes that would undermine this. For example, if a university were to merge with a large further education provider, it may no longer be a predominantly higher education provider, and thus it would be misleading if it could continue to call itself a university. If it is no longer appropriate for a provider to call itself a university, the OfS will revoke university title.

  Where the OfS makes a final decision that there is, or has been, a breach of ongoing quality and standards conditions B1, B2, B3, B4 and/or B5,^16A the OfS will consider using its power under section 16 of HERA to suspend the aspects of the provider’s registration that relate to the authorisation of university or university college title. The OfS would be likely to suspend the provider’s eligibility to be authorised for university or university college title.

  Alternatively, where the OfS makes a final decision that there is, or has been, a breach of ongoing quality and standards conditions B1, B2, B3, B4 and/or B5^16B or where the OfS has imposed a specific condition of registration due to regulatory concerns relating to one or more of those conditions, the OfS may decide that the provider is not suitable to be authorised for university or university college title.

  For information about how the OfS will treat a provider’s compliance history in respect of conditions B1, B2, B4 and B5 in the context of university or university college title decisions where a merger, acquisition or other corporate change occurs, see paragraph 372 of the ‘Consultation on quality and standards conditions: Analysis of responses to consultation and decision’ document.^16C In respect of condition B3, see paragraph 643 of the ‘Consultation on a new approach to regulating student outcomes: Analysis of responses to consultation and decisions’ document.^16D

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